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 April 23, 2009, the Defendant was issued a summary order of two million won or more for a crime of violating the Road Traffic Act in the Jeonju District Court's Gunsan Branch on April 23, 2009, a summary order of two million won or more for the same crime in the same court on July 26, 2010, and a summary order of eight million won or more for the same crime in the same court on September 28, 2016, respectively.

On April 30, 2017, at around 10:16, the Defendant driven a motor vehicle with a alcohol content of about 0.060% while under the influence of alcohol while under the influence of 0.060%, without obtaining a driver’s license, from the front side of the reservoir located in the Gosong-gun, Gosong-gun, the North Korean Peninsula, to the front side of the coastwise Highway, the same 5km.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Application of a reply to inquiry, such as criminal history, a criminal investigation report (Attachment to the previous convictions and a copy of the summary order), and a copy of the summary order;

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 suspended execution;

1. The Defendant, who had been punished several times due to driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act, was driving without a license for drinking, and the nature of the offense is not weak, and in particular, driving of drinking is a large accident by driving under the condition that the exercise ability of due care and body is significantly deteriorated, and is likely to cause serious harm to other unspecified persons. However, there are circumstances unfavorable to the Defendant, such as the Defendant’s mistake is recognized.