A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On January 23, 2007, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), on November 29, 2007, a fine of KRW 8 million due to a violation of the Road Traffic Act (drinking driving), etc. from the Seogwon branch of the Daegu District Court on November 29, 2007, and on November 22, 2013, the Defendant received a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking driving).

Criminal facts

Although the Defendant had a record of violating the provision prohibiting driving of alcohol twice or more, on January 4, 2017, at around 22:02, the Defendant driven a DK5 car owned by C-owned at a distance of about 50 meters from the place front of the frequency to the 18th road in the Namyang-si, Namyang-si, the Namyang-si, the Namyang-si, the Republic of Korea, at around 50 meters, without obtaining a driver’s license, and driving a car under the influence of alcohol with 0.186% while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol 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. 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 include three times prior to drinking alcohol drivers, three times prior to driving without licenses, and four times prior to driving without licenses. Among them, one time is a crime committed during the period of suspension of execution, which is a crime committed after drinking or driving without licenses and causes a traffic accident, and is subject to a fine, which is a crime during the period of suspension of execution, and there is a high possibility of criticism in that the Defendant again commits the instant drinking and non-licenseing.

In addition, the crime is serious in that the alcohol concentration in blood at the time of the instant case was 0.186% high.

However, the criminal defendant is against his or her will, and he or she has the same criminal record.