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

[criminal history] On July 23, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of road traffic law at the Changwon District Court, and a summary order of KRW 2 million for the same crime at the same court on April 19, 2010. On November 25, 2014, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of road traffic law (driving under influence) and a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

[2] On October 17, 2016, the Defendant driven a DM5 car while under the influence of alcohol leveling 0.170% without obtaining a driver’s license in approximately 500 meters away from the Do adjacent to the public parking lot located in the same Dong and in front of the west-si, Sungwon-si, Sungwon-si. In addition, the Defendant driven a DM5 car while under the influence of alcohol leveling to 0.170%.

As a result, the defendant violated the prohibition of drinking at least twice, and once again drives a motor vehicle without a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. On-site photographs;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to the previous rulings, etc.);

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, including the act of having been sentenced to a suspended sentence of imprisonment by causing a traffic accident while driving under drinking, and the act of repeating a crime without being aware of the past three years of the past record of punishment due to drinking driving.

Moreover, the Defendant committed the instant crime during the period of the suspension of the execution of imprisonment as above, and is also granted a license.