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

Since it is judged that there is no substantial disadvantage in the exercise of the defendant's right to defend, the facts charged are organized as follows without any changes in indictment.

On February 22, 2003, July 6, 2005, July 17, 2007, and August 17, 201, the Defendant driven a motor vehicle while under the influence of alcohol on at least two occasions, and operated a motor vehicle under the influence of alcohol on at least two occasions, and without obtaining the driver’s license, drive a motor vehicle under the influence of Article 44(1) of the Road Traffic Act at least two times in the direction of approximately 150 meters from the front side of the 406 Manori Motor Vehicle Agency (Duyangdong) to the front side of the 430 Manori-ro (Yyangdong), as the he had the influence of alcohol on January 8, 2014 without obtaining the driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses, driving licenses and driver's licenses;

1. Reporting on the state of driving under the influence of alcohol and making a report on the control of drinking driving;

1. Inquiry reports, such as criminal records, and application of each written judgment 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of alternative imprisonment with prison labor (the fact that the defendant was punished several times for drinking driving, and the fact that he was sentenced to imprisonment with prison labor on July 17, 2007 that he had been driving under drinking, etc. but again led to the crime in this case);

1. Article 62 (1) of the Criminal Act suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) that the defendant has no record of being punished for the same crime before the crime of this case since he was punished for driving under drinking in 2011);

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