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

On November 30, 2016, the Defendant was issued a summary order of KRW 3 million on the grounds of a violation of the Road Traffic Act (drinking driving), and on January 4, 2016, the same court issued a summary order of KRW 4 million on the grounds of a violation of the Road Traffic Act (drinking driving).

On June 29, 2017, the Defendant driven B EX without a driver’s license, while under the influence of alcohol content of 0.126% at a distance of about 100 meters from the road in front of the agent of a motor vehicle in front of the same Eup on the road in front of the Republic of Korea of Mancheon-si, Macheon-si, Eup, Macheon-si, 201.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition of drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving under the liquor:

1. Report on the circumstances of driving without a license;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger, etc.;

1. A criminal investigation report;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. At the time of the instant crime with the reason of sentencing Article 62-2 of the Criminal Act, the Defendant had no driver’s license, and the alcohol concentration in blood was very high.

The defendant has already been subject to criminal punishment twice due to drinking driving and driving without a license, and all of them was in the year of 2016.

The date of the instant crime is also 2016.

As such, it is clear that the case of repeated violation of road traffic law can not be punished somewhat for a short period.

However, the defendant is not subject to criminal punishment, except for fines, and is now subject to his/her own act.