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

[criminal history] The Defendant was sentenced to a fine of 2.5 million won on December 15, 2008 to a crime of violating the Road Traffic Act (drinking on drinking), in support of Sungnam branch of Suwon branch of Suwon branch of Friwon on December 15, 2008. On February 5, 2014, the Defendant was sentenced to imprisonment with labor for the same crime at the Busan District Court on February 5, 201, and violated Article 44(1) of the Road Traffic Act at least

[2] On December 15, 2015, the Defendant, without a driver’s license around 15:15, driven a motor vehicle from around 60 KM to about 116K of the Dong-dong Highway 116K located in Gangwon-do, Gangwon-do, under the influence of alcohol content of 0.189% during blood, from the fluence of the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Inquiry about criminal history and application of each copy of judgment;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, committed a second offense even though the Defendant had been in the period of suspended sentence due to the suspended sentence, and the drinking volume also led to 0.

Although the criminal liability of the defendant is not less severe, the sentence of the defendant's punishment is somewhat harsh when considering the reflective nature, etc., so the execution of imprisonment is suspended on condition of observation of protection, community service, and instruction of compliance driving.