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

The Defendant was issued a summary order of KRW 1.5 million on April 10, 2013, and KRW 4 million on November 7, 2014, respectively, by this court, due to a violation of the Road Traffic Act (driving).

On May 22, 2017, around 23:35, the Defendant driven a B-to-purd vehicle under the influence of alcohol concentration of about 0.102% while under the influence of alcohol content at approximately 0.102%, without obtaining a driver’s license, from the front of the 681-ro, a sound-to-pon-pon-ro, a 681-hump-ro, and from the front of the 201-hump road of the Seocho apartment commercial apartment building “sloping bridge” to the front of the 1km road.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses, such as the arrest report of the incident, the statement of the situation of the driver;

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 Criminal Act on the order to provide community service and attend lectures is likely to be criticized in that the Defendant committed the instant crime even though he/she was punished for driving drinking twice in the past.

However, the defendant recognizes his wrongness.

No person shall be subject to criminal punishment, except twice a fine due to drinking driving.

There was no accident.

In addition to this, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.