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 June 7, 2010, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act (drinking driving), which was issued by the same court on September 10, 2015, a summary order of KRW 3.5 million for a violation of the Road Traffic Act (drinking driving), and on April 5, 2016, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving), respectively.

On May 22, 2017, the Defendant driven a B observer car at a section of about 100 meters from the front road to the fact-finding distance, without obtaining a driver's license, while under the influence of alcohol 0.115% during blood transfusion, from around 100 meters, without obtaining a driver's license.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, and each summary order (Evidence No. 15-17) statute;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. An unfavorable circumstance such as the Defendant’s reasons for sentencing under Article 62-2 subparag. 1, Article 62-2 of the Criminal Act, Article 62-2 subparag. 2 subparag. 1, the main sentence of Article 62 subparag. 2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection, etc., three times, and the Defendant’s recognition of and reflect on the offense, and the short distance of drinking and driving without a license.