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.

Punishment of the crime

On July 16, 2009, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Road Traffic Act in the area of Gwangju District Court's Maritime Branch on July 16, 2009, and was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act in the area of Gwangju District Court's Maritime Branch on June 24, 201

Although the Defendant had been subject to punishment twice or more for the crime of violating the Road Traffic Act, at around June 21:25, 2016, the Defendant driven BPoter-II truck from approximately 5 KKm to the same diplomatic lane located outside the 55-1 road of Jindo-gun, Jindo-gun, Jindo-gun without the driver’s license, while under the influence of alcohol concentration of 0.125%, at around June 7, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic 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. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant repeats drinking and driving without a license even though he/she had a record of punishment for drinking and driving without a license.

Although it is also necessary to sentence a criminal defendant to prevent recidivism, a suspended sentence shall be imposed only once in consideration of all the factors of sentencing, such as the defendant's age, character and conduct, family environment, circumstances leading to the crime committed, and circumstances after the crime.