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.

Punishment of the crime

On August 28, 2012, the Defendant was sentenced to a suspended sentence of two years for the crimes of violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on August 28, 2012. On October 17, 2013, the Defendant was notified of a summary order of 5,00,000 won for the crimes of violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on October 17, 2013.

On July 17, 2015, around 09:29, the Defendant: (a) planned a vehicle in the state of alcohol alcohol 0.081% while under the influence of alcohol without obtaining a driver’s license for about 70 meters from the street in front of 759-5 of the Dong-gu, Ansan-si to the same Gu from the street in front of 759-5 to the 760-3th of the same Gu.

Accordingly, the defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Areas of output from the measurement of drinking alcohol, and the register of driver's licenses (A);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of case, judgment, etc. and attachment of judgment) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Probation and community service order, community service order, and order to attend lecture, as long as long as the period of probation has expired due to the same criminal record, the commission of the instant crime is committed, such as the fact that the drunk driving or non-licensed driving criminal record has been committed five times (one time of actual sentence, one time of suspended sentence, three times of fine), and other favorable circumstances such as the other traffic-related criminal records are committed four times (two times of actual sentence, two times of fine): Defendant’s mistake is against each other; Defendant’s traffic accident was not high at the time of the instant case; Defendant’s health condition and family conditions; and other factors for sentencing as prescribed in Article 51 of the Criminal Act are considered.