A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 6, 2016, the Defendant received a summary order of seven million won for a violation of the Road Traffic Act (drinking driving), and on January 13, 2009, the Defendant received a summary order of seven million won for a fine of seven million won due to a violation of the Road Traffic Act (drinking driving) from the Jung-gu District Court on January 13, 200, and on November 25, 2008, the Defendant received a summary order of 1.5 million won for a violation of the Road Traffic Act (drinking driving) from the Jung-gu District Court on November 25, 2008

On July 23, 2017, around 21:54, the Defendant driven a BM7 car owned by himself/herself in the state of alcohol alcohol concentration of about 0.278%, without obtaining a driver's license, from the two-meter section from the roads in the Dom-gun Eup/Myeon, Gyeong-gun, Gyeonggi-do, to the roads in the 394 Gamsi, Sim-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. License register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and the order to attend lectures, the driving of drinking among the crimes in this case, is the fourth driver's experience in drinking

The alcohol concentration in blood was very high, and the previous drinking was non-licensed due to the previous drinking driving.

It is difficult to avoid strict punishment.

However, the defendant did not have been subject to criminal punishment heavier than suspended execution until now.

In addition, there is a big conflict between the two.

In addition, the punishment as ordered shall be determined in consideration of the age, sex, environment, attitude after the crime, etc. of the defendant.