A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On August 20, 2003, the Defendant was issued a summary order of a fine of three million won for a violation of road traffic law in the support of the Daejeon District Court of Daejeon. On April 22, 2004, the Daejeon District Court sentenced four months to imprisonment for a violation of road traffic law (drinking) at the same court on September 6, 2006. On March 30, 201, the Defendant was issued a summary order of two million won for a violation of road traffic law (drinking) in the support of the Daejeon District Court of Daejeon District. On May 2, 2017, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law and the judgment on September 1, 2006 became final and conclusive during the suspended sentence period.

[2] On May 13, 2017, the Defendant driven a motor vehicle with D low alcohol level of 0.241% under the influence of alcohol level of 0.241%, without obtaining a motor vehicle driver’s license, from a section of about 100 meters from the front of the reservoir in the Yaeg-si Crhin Cropa to the road located in the same Ri, at the time of Yagsan City, from May 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions: Application of the results of inquiry, such as criminal history, and the Acts and subordinate statutes of investigation report (Binding a copy of the ruling of the same kind before the suspect);

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. Although there are no favorable circumstances such as the defendant's misjudgmentation of the reason for sentencing the alternative sentence of imprisonment with prison labor, the defendant's act of driving under drinking (two times of actual punishment, one time of suspended execution, and two times of fines) has been punished, and the defendant does not take part in the suspended sentence due to the same crime even though he/she is under suspension of execution.