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 July 10, 2008, the Defendant was notified of a summary order of a fine of seven million won due to a violation of road traffic law in the Suwon District Court on the grounds of a violation of road traffic law (driving), and on December 5, 2012, the Defendant was sentenced to a suspended sentence of two years on October, 201, and was punished for drinking driving on two occasions.

On November 10, 2016, the Defendant driven a motor vehicle with B low alcohol level from around 4 km to around 30-11, 4km from the road in front of the Gyeongsung-gun in the Gyeongsung-gun of the Gyeongbuk-gun, in a state of alcohol leveling 0.168% without a driver's license, while under the influence of around 22:35, 201.

Accordingly, even though the Defendant violated the prohibition clause on driving under the influence of alcohol more than twice, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The punishment shall be determined as ordered in consideration of various sentencing conditions shown in the trial proceedings of this case, including the fact that a person repeatedly drives a drinking or non-licensed driver's license even though he/she had the past record of criminal punishment (the punishment, the suspension of the execution of imprisonment, the suspension of the execution of imprisonment) on several occasions due to the provision of drinking for the reason of sentencing, etc. under Article 62-2 of the Criminal Act