A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 14, 2011, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Northern District Court, and on June 30, 201, sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on June 30, 201, and on November 10, 2008, sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Seoul Central District Court on November 10, 2008, and was sentenced to a fine of one million won or more for a crime of violating the Road Traffic Act.

On December 28, 2017, the Defendant, without a driver’s license on December 28, 2017, driven a C-A-D-D-car with approximately 100 meters from the so-called offline of 1660-lane in Seoul Special Metropolitan City, Nowon-gu, to the same Gu, while under the influence of alcohol content of 0.061% in alcohol during blood, and driving C-D-D-car with approximately 160 meters in front of its acceptance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of drivers working at the main place and a statement of control details;

1. Inquiries into the ledger of driver's licenses and the results of regulating drinking driving;

1. Previous conviction: Application of a copy of inquiry about criminal history and text of judgment (including summary order) by Acts and subordinate statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act have already been punished by drinking and driving without a license on several occasions, and the crime of this case is committed during the suspension period of the execution of the same crime and thus, it is necessary to select a sentence of imprisonment to the defendant.

In determining the term of punishment, disadvantageous circumstances such as that the defendant repeatedly commits a crime, and that the defendant seems to have scarcity about drinking and driving without a license, and that it is necessary to strictly punish him/her, and even though the crime of this case is committed during the period of suspension of execution, the crime of this case has been committed.