A defendant shall be punished by imprisonment for one year.

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

[criminal power] On May 7, 2009, the Defendant was sentenced to a summary order of one million won or more as a fine for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court, and on April 28, 2011, the same court was sentenced to a summary order of 4.5 million won or more as a fine for a violation of the Road Traffic Act (driving). On May 3, 2012, the same court was sentenced to a suspended sentence of 10 months for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 12, 2015, at around 17:55, the Defendant driven a C-car under the influence of alcohol with approximately 200 meters alcohol concentration 0.05%, without obtaining a driver’s license, from the section of approximately 200 meters from the front of the cafeteria cafeteria cafeteria in the Sagyeong-si to the front of the new Seoul Metropolitan City in the same Myeon.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of the influence of drinking alcohol driving control, and the report on the actual state of drinking drivers, and electronic documents;

1. A driver's license inquiry;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic 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. Despite four times (three times of fine, one time of suspended execution) the period of punishment for drunk driving to the accused for the reasons of sentencing under Article 62-2 of the Criminal Act, it is not good that the accused again commits the crime and the nature of such crime is good;

However, in consideration of the fact that the defendant reflects his mistake, and that the blood alcohol concentration at the time of the crime was 0.055% higher, the decision of suspension of execution once again is made only once.