A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 1, 2009, the Defendant violated the prohibition of driving under the influence of alcohol twice by receiving a summary order of KRW 4 million from the Busan District Court on August 17, 201 due to the crime of violation of the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court's Busan District Court's branch on August 17, 201 due to the crime of violation of the Road Traffic Act (dacting driving).

On July 3, 2018, the Defendant, while under the influence of alcohol 0.114% during blood transfusions, driven a CM5 vehicle from the Revised Dong-dong market of Busan to the elementary flow-distance road of Busan Dong-dong, without obtaining a driver's license.

Therefore, even though the Defendant violated the prohibition of driving under the influence of alcohol twice, he again driven a motor vehicle under the influence of alcohol in violation of the prohibition provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver employed at home, report on detection of the driver employed at home, and the register of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant for the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation was punished three times by a fine by driving without a license, and the two times among them was driving under the influence of alcohol.

Nevertheless, considering the fact that the crime of this case was committed, the execution of imprisonment is suspended, taking into account the fact that the person was punished by a fine, and that the person was responsible for the livelihood of the dependent.

In addition, the defendant does not have obtained a driver's license.