A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

On April 28, 2005, the Defendant issued a summary order of KRW 2 million for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) in the Jung-gu District Court Goyang Branch on April 28, 2005, a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) in the same court on June 20, 2007, and a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the same court on February 10, 2015, respectively.

On 05. 06. 23:12 on 06. 06. 06. 0, the Defendant driven a rash car at approximately 10km section from the road located in the Mandong-dong Mandong-si Sindong-gu, Goyang-si, Seoyang-si, without a driver’s license, while under the influence of alcohol by 0.17% with a blood alcohol concentration of 0.17%.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous record of judgment on the results of the control of drinking driving, the register of driver's licenses, and the status of driver's licenses;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a judgment);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for one year and three years;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are not set, or commercial concurrent crimes; and

3. A year and two months of the suspension of execution, etc. in one year and two months of imprisonment with prison labor (the details of enforcement, such as the fact that a person has been sentenced to suspension of execution and driving without a license, the circumstances leading to driving, the fact that a person has no criminal record of suspension of execution or more, the reason that a person has a dependent, the age, character and conduct, etc. of the defendant);