A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On March 5, 2003, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving), and a fine of KRW 2 million for the same crime at the Seoul Western District Court on July 26, 2005, respectively, on May 12, 2006, the Defendant was sentenced to a suspension of the execution of six months for the same crime at the Seoul Western District Court on May 12, 2006, and was sentenced to a suspension of the execution of six months for the same crime. On April 18, 2007, the Defendant was sentenced to a summary order of KRW 5 million for the same crime from the Incheon Western Branch Branch of the District Court on June 11, 2015.

[2] On May 31, 2017, the Defendant driven CM5 vehicles under the influence of alcohol content 0.148% while under the influence of alcohol in blood without obtaining a driver’s license from around about 20km section from the front day of the transmission details in Seocheon-si, Busan-si to the outer circular circulation road of Sungnam-si, Samnam-si to the point of 127 km-do.

As a result, the defendant, despite the fact that he has violated the prohibition of drinking more than twice, was driving a motor vehicle in violation of the prohibition of drinking, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Investigation report (the same kind of past records) and the application of Acts and subordinate statutes as a result of inquiry;

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 crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

The defendant is punished several times due to driving without a license for drinking alcohol.