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 May 15, 2007, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of three million won due to a violation of road traffic law (driving alcohol) from the Daejeon District Court's branch on April 2, 2015. On April 2, 2015, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of three million won or more due to a violation of road traffic law (driving alcohol).

On November 19, 2015, at around 02:15, the Defendant driven a Bnew-land under the influence of alcohol content of 0.15% while under the influence of alcohol without obtaining a driver’s license from the front of an open dental road in B-dong, Seo-gu, Seo-gu, Seocheon-gu to the lower end of the Habrid reading room located in the same Dong.

Accordingly, the Defendant violated this more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of the occurrence of a traffic accident in C or D;

1. Each entry in the traffic accident report, the report on detection of the driver at home, and the statement of the situation of the driver at home;

1. Statement and image of the traffic accident report;

1. Videos of each image, such as site, vehicle photographs, accident scenes, etc., and images to take a photograph;

1. Previous convictions: Application of the Acts and subordinate statutes governing a copy of drinking alcohol and inquiry about 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant had the record of being sentenced to five times a fine due to drinking driving, and that he has the record of being sentenced to one time a fine due to the violation of the Road Traffic Act.