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

[criminal power] On September 25, 2008, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the wooden Branch of the Gwangju District Court on September 25, 2008, and a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the same court on December 18, 2012.

【Criminal Facts】

피고인은 2014. 1. 7. 22:30경 전남 영암군 삼호읍 용앙리에 있는 홀짝호프 앞 도로에서부터 같은 읍 용앙리 퀸스빌아파트 1차 후문 주차장에 이르기까지 약 1.6km 구간에서 자동차운전면허를 받지 아니하고 혈중알콜농도 0.206%의 술에 취한 상태로 D 비스토 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous convictions in judgment: References to criminal records, text of summary order, and application of Acts and subordinate statutes of six copies of written judgments;

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 (Consideration of sentencing)

1. While the Defendant had had a record of being punished several times due to drinking driving and driving without a license in 2011, the Defendant again driven a vehicle that was driven at the time of the instant crime under the influence of alcohol content of 0.206% due to the drinking driving in 2012, which was sentenced to a suspended sentence of 201, and was sentenced to a summary order of 5 million won due to the drinking driving in 201 and was sentenced to a suspended sentence of 0.206%.

However, in consideration of the fact that the defendant was first detained in the instant case, and that the defendant was able to repent, reflect, and refrain from driving under the influence of alcohol during the period of detention, the execution of the punishment shall be suspended only once, taking into account the fact that the defendant's mistake was committed during the period of detention.