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

On December 1, 2010, the Defendant issued a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) in support of the Sungnam-gu Friwon method, and a fine of KRW 2 million as a crime of violating road traffic law (drinking driving) on January 4, 2011.

On October 18, 2015, the Defendant, without obtaining a driver’s license for a motor vehicle at around 13:33, the Defendant driven the motor vehicle from the front of a mutual influent restaurant in the inside of the Gun, to the same Gun, at the section of approximately 15km to the front of the ordinary restaurant in the Eup/Myeon, while under the influence of alcohol with approximately 0.207% alcohol during blood while driving the motor vehicle from the fluent Ⅲ under the influence of alcohol in front of the ordinary restaurant in the Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of alcohol, reporting on the circumstances of driving of alcohol, the ledger of licenses, and making an tea inquiry;

1. (A) and the application of Acts and subordinate statutes of inquiry, such as criminal history, etc. (A);

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was under the influence of alcohol content of 0.235% on April 29, 2015 in addition to the first head of the judgment; (b) the Defendant was subject to a summary order of KRW 8 million by driving a freight vehicle, such as this case, and was subject to a fine of KRW 8 million on several occasions due to drinking or non-licensed driving.

Nevertheless, the defendant committed a second offense in about six months after the last crime, and drinking volume reaches 0.207%.

In light of the fact that the criminal liability of the defendant is not somewhat harsh, it is considered that the sentence of the defendant is somewhat harsh, and that there is no criminal conviction exceeding the fine after 2007, and that there is no criminal conviction, and therefore, it is necessary to observe the protection, provide community service, and take lectures of compliance driving.