A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On November 6, 2013, the Defendant was sentenced to a fine of one million won as a violation of the Road Traffic Act (driving) at the Seoul Western District Court on November 6, 2013, and a fine of four million won as a violation of the Road Traffic Act (driving) at the Incheon District Court on May 7, 2014.

On December 27, 2014, around 01:08, the Defendant driven a vehicle of high-speed with approximately 200 meters in front of the mutual influent drinking house located in Goyang-dong Dong Dong-dong, Seoyang-gu, Seoyang-si to the same 606 Gu lake to the front road in front of the restaurant “Salan Sea” in the same 606, while under the influence of alcohol concentration of 0.208% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A previous record of his judgment after checking the results of the drinking driving control and his driver's license inquiry;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigative reports (Attachment to written judgments of the suspect in the same kind of power);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of punishment by law: Imprisonment with prison labor for one year and three years;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set.

3. A suspended sentence of two years, etc. for one year, in the event of imprisonment with prison labor for a decision of sentence (including the fact that the criminal records of the same kind, the criminal records of drinking alcohol high, the age, character, conduct and health conditions of the defendant, the family relationship, and mistake are pened