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 August 20, 2015, the Defendant issued a summary order of KRW 6,00,000 to a fine for a violation of the Road Traffic Act (drinking driving) at the Daejeon District Court on August 20, 2015, and a fine of KRW 5,000,00 to a fine in the same court on September 17, 2015, respectively.

On September 20, 2015, the Defendant driven a motor vehicle with low alcohol content of at least 0.20% while under the influence of alcohol without obtaining a driver’s license from around 100 meters from around 22:45 to around 200 meters in the middle market in the same Jung-gu, Daejeon-gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, a report on previous convictions in disposition, and application of Acts and subordinate statutes to investigation reports (the previous and confirmations);

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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act (in order to prevent recidivism) include the Defendant’s records of being punished twice due to drinking alcohol driving (a self-driving driving on June 23, 2015, and a self-driving on August 13, 2015). Nevertheless, the Defendant, without a driver’s license, has repeatedly driven a drinking on September 20, 2015 without the Defendant’s license. As above, the Defendant, who was punished for driving under the influence of alcohol, shows the Defendant’s attitude of the law in a repeated manner.