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 June 25, 2015, the Defendant received a summary order of KRW 1.5 million for a violation of road traffic law (drinking driving), and on January 12, 2017, the Seoul Southern District Court issued a summary order of KRW 5 million for a violation of the same Act, respectively.

Nevertheless, on March 13, 2018, at around 22:50, the Defendant driven a Bsch Rexn vehicle under the influence of alcohol concentration of 0.165% without obtaining a driver's license from the 1km section from the front of the restaurant to the front of the middle-dong market located in Busan Metropolitan City, Seocheon-ro 173.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license in the state of drunk.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Fact-finding reports and inquiry into the ledger of driver's licenses;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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 of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant again committed the instant crime under the conditions that the criminal records of the same kind of crime are several times, which is disadvantageous to the defendant.

However, the fact that the defendant reflects the mistake, there is no record of punishment exceeding the fine, the amount of alcohol concentration in the blood of this case, circumstances after the crime, and other ages and ages of the defendant.