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

The facts charged are stated to the effect that the defendant was sentenced to a fine for a violation of the Road Traffic Act (driving) on September 6, 2012 and July 2, 2013. However, Article 148-2(1)1 of the Road Traffic Act punishs a person who drives a motor vehicle, etc. under the influence of alcohol at least twice again (persons who drive a motor vehicle, etc. at least twice under the influence of alcohol) as a person who has violated Article 44(1) of the same Act at least twice. As such, it is clear that it is recognized that recognizing the same facts of crime by specifying the date and time of driving a motor vehicle under the influence of alcohol at least twice in the past, and even if recognizing such facts of crime, it is determined that it does not give a substantial disadvantage to the defendant’s exercise of his/her right to defense, and therefore, the facts charged are

On July 16, 2012 and March 21, 2013, the Defendant driven a motor vehicle while under the influence of alcohol and violated Article 44(1) of the Road Traffic Act not less than twice. On May 12, 2014, the Defendant driven a BM5 motor vehicle under the influence of alcohol with a blood alcohol concentration of not less than 0.174% without a vehicle driver’s license in the direction from May 22:5, 2014 to the west west-dong, Seocho-gu, Seoul, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses, driving licenses and driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes to investigation reports (previous records and verification), criminal records, etc. inquiry reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (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. An order to provide community service or attend lectures is made three times or drinking during the period of two years after the reason for sentencing in Article 62-2 of the Criminal Act.