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.

Criminal facts

On June 3, 2010, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Sung-nam Branch of Suwon District Court on June 3, 2010, and was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Jung-gu District Court Goyang Branch on June 17, 2013.

On October 31, 2013, the Defendant, without obtaining a driver’s license on October 31, 2013, driven C-Wenman’s car in the 2km section from the Do located in the Sinsan-dong Port Dong in Manyang-si to the front road of the "Mauwon" located in the Sinsan-dong Port Dong in Goyang-si, Manyang-si.

Accordingly, the defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle without a driver's license while drunk.

Summary of Evidence

1. Statement by the defendant in court;

2. Inquiries about the results of the control of drinking driving;

3. Registers of driver's licenses.

4. Previous records of judgment: The application of criminal records, repeated statements, and 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. Article 62 (1) of the Criminal Act;

5. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had been punished several times in the past due to the violation of the Road Traffic Act, etc.

On the other hand, the fact that the defendant fully recognized the facts charged in the instant case, disposed of the foregoing vehicle operated by the defendant, and the defendant suffers from a disease due to brain injury to alcohol is considered as a favorable sentencing factor.

Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.