A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On October 13, 2006, the Defendant was sentenced to a fine of two million won as a crime of violating the Road Traffic Act (drinking driving) at the Suwon Flag Flag, and was sentenced to a fine of three million won as a same crime on February 23, 2017.

On October 22, 2017, the Defendant driven a car with approximately KRW 800 meters alcohol leveling to 0.064% in alcohol level while under the influence of alcohol leveling to 0.064% in blood without a driver’s license from the vicinity of the central intersection of the Government-dong, Ma-dong, Ma-si, Ma-dong to the same citizens at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the vehicle, report on the circumstances of driving without a license, report on the circumstances of the driver driving on the vehicle, inquiry into the results of crackdown on drinking, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment of driving the same kind of drinking alcohol);

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act, which provide for the option of punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Prior to the reason for sentencing under Article 62(1) of the Criminal Act, the Defendant has been punished for the same kind of crime.

In particular, the previous case was sentenced to a fine, and the case was recidivismed in 8 months only.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the defendant's age, environment, criminal records, and blood alcohol concentration, the punishment as ordered is determined.