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 April 5, 2007, the Defendant was sentenced to a suspended sentence of 10 months for a crime of violating the Road Traffic Act (drinking driving), etc. on October 9, 2010. On August 9, 2010, the above court was notified of a summary order of 3 million won for a crime of violating the Road Traffic Act (drinking driving), and on June 19, 2012, the above court was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act (drinking driving), and was sentenced to a suspended sentence of 3 years for a crime of violating the Road Traffic Act (drinking driving).

On April 9, 2017, the Defendant, without a driver’s license, driven B1 ton cargo vehicles from about 20km to the front road of the Gu cancer convalescent hospital located in the Gyeongsung-gun in the Gyeongsung-gun, while under the influence of alcohol of 0.182% in blood during blood without a driver’s license, from the front road of the Gu cancer convalescent hospital to the front road of the Gyeongsung-gun, which is located in the Gyeongsung-gun.

Accordingly, even though the Defendant violated the prohibition provisions on driving under the influence of alcohol more than twice, the Defendant once again driven a motor vehicle without a driver's license in violation of the said provisions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Records of crime: Application of inquiry letter, investigation report (Attachment to the same paper judgment) and statutes, such as criminal history;

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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant committed the instant crime even though he/she has been punished due to drinking or non-licensed driving, and in light of the fact that the defendant's drinking value at the time of the instant case is considerably high and the distance of driving is considerable, it is inevitable to punish the defendant strictly.

(b).