A defendant shall be punished by imprisonment for one year.

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

Criminal facts

On August 22, 2012, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on August 22, 2012; on February 22, 2013, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million for a violation of the Road Traffic Act (driving). On January 23, 2014, the Defendant was sentenced to imprisonment of 10 months with prison labor for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March Branch Branch of the 2014, and the judgment became final and conclusive on February 4, 2014.

As such, the Defendant has been punished two times or more due to drinking driving.

The Defendant, without a driver’s license, driven a car at a section of about 500 meters in front of the parking lot, while under the influence of alcohol content of 0.089%, around January 28, 2014, at approximately 02:50, in order to drive a car from the direction of the 80-10 meters away from the Do-ro 903 Do-ro, Mangnan-ro, Mangnan-ro, Mangan-ro, Mangnan-ro, 803-1, in order to the end of the parking lot.

Summary of Evidence

1. Statement by the defendant in court;

2. A brewing driver registration report and a driver's license register;

3. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (Evidence No. 13)-related Acts and subordinate statutes.

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime, and subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of imprisonment with prison labor chosen;

4. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

6. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is an element for sentencing unfavorable to the Defendant, such as the fact that the Defendant committed the instant crime as long as he/she had no record of being punished several times due to a violation of the Road Traffic Act in the past, and that the crime is not likely to be harmful to the social harm of drinking driving.

On the other hand, the judgment becomes final and conclusive that the defendant all of the facts charged of this case is recognized, that the degree of driving is not severe, and that the distance of driving is not visible.