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 December 5, 2013, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of road traffic law in the support of the Daejeon District Court on December 5, 2013, and on October 1, 2010, the Defendant was sentenced to a suspended sentence of two million won for the crime of violation of road traffic law in addition to the issuance of a summary order of a fine of two million won for the same crime in the above court on October 1, 2010.

Although the Defendant was punished twice or more due to drinking driving as above, on May 12, 2016, the Defendant driven a Dworke car without a driver’s license, while under the influence of approximately 0.085% of alcohol content in the direction of 10 meters from the side of the Dannam National Statistical Office in the north-gu, Seo-gu, Seo-gu, Yan-gu, Yan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the traffic control of the drinking driver;

1. The ledger using the measuring instruments for drinking;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), and subparagraphs 1 and 43 of Article 152 (the point of driving without a license) of the relevant Act on the grounds of criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavy punishment among each of the above crimes, and the punishment imposed on a violation of the said Act);

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the instant crime was committed despite the records of the same crime several times for the reason of sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to attend lectures.

However, the punishment shall be determined in consideration of the fact that the person has actually lived for a long time, reflects, and has no particular criminal history in addition to the same criminal history.