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 February 4, 2015, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act at the Busan District Court on February 4, 2015, and on April 14, 2015, the Defendant received a summary order of KRW 5 million as a fine at the Busan District Court.

On March 19, 2017, at around 08:50, the Defendant driven a bandon truck with approximately 20 km from the street 12-3, in front of the run-on 12-3 street, to the lower end of the bandon of the bandon soil bandon in the Sejong-Eup, without obtaining a vehicle driver's license, while under the influence of alcohol content of 0.183% in blood, the Defendant driven a bandon truck without being covered by the mandatory insurance.

Accordingly, the defendant, who violated drinking at least twice due to drinking driving, once again drive a drinking, and driving a non-insurance vehicle, including a non-licensed driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Application of the provisions of Acts and subordinate statutes to the inquiry report and investigation report (the same type of previous conviction and attachment to the judgment);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. In light of the fact that there is a history of punishment of a fine on four occasions due to the violation of road traffic laws, etc. on the grounds of sentencing under Article 62-2 of the Criminal Act, the strict punishment should be imposed.

However, considering the fact that the defendant's mistake, reflects the defendant's mistake, and does not repeat the crime, and that there is no criminal conviction or more than a suspended sentence, the defendant's age, sex, environment, etc.