A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On July 8, 2013, the Defendant was issued a summary order of KRW 3,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court, and was sentenced to a fine of KRW 5,00,000 on July 6, 2016 as a crime of driving drinking on July 6, 2016.

On August 21, 2016, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a DSS5 car on the front side of Daejeon-gu, Daejeon-gu, without obtaining a driver’s license, while under the influence of alcohol content of 0.083% in blood around 03:48 on August 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Investigation report (Reporting on presumption of alcohol concentration in the blood of a suspect at the time of driving);

1. Inquiry of criminal history, inquiry of summary information of each case, summary order (Seoul District Court Decision 2013 High Court Decision 2013 High Court Decision 6177), and application of statutes (Seoul District Court Decision 2016 High Court Decision 94)

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On July 6, 2016, the reason for sentencing under Article 62-2 of the Criminal Act of the community service and lecture attendance order is for the crime of this case since it has not been long since it was controlled by drinking driving on July 6, 2016, the fact that the crime of this case was committed without any particular measure even though it caused an accident by collision with the parked vehicle during drinking, and that there was three-time penalty due to driving without license, etc. shall be considered disadvantageously.

Considering the favorable circumstances, such as the fact that crimes are recognized and reflected, the fact that there is no previous conviction or more than suspended execution.

In addition, the sentencing conditions shown in the argument of this case, such as the defendant's age, sex, environment, etc., are considered.