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 June 5, 2008, the Defendant was sentenced to 10 months of imprisonment due to a violation of road traffic law (drinking), etc. at the Goyang Branch of the Jung-gu District Court, and on June 13, 2008, the judgment became final and conclusive on June 13, 2008. On July 31, 2012, the Defendant was issued a summary order of a fine of 4 million won by the same court due to a violation of road traffic law (drinking).

On January 9, 2016, the Defendant driven B rocketing car under the influence of alcohol content of about 0.122% while under the influence of alcohol without obtaining a driver’s license from around the road in front of the Seoyang-gu, Seoyang-gu, Seoul to the front road in the same Dong from around 300 meters to the old-gu ecological road in the same Dong.

Accordingly, even though the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice under the Road Traffic Act, the Defendant driven a motor vehicle without obtaining a driver’s license in the state of under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (the criminal records of the same kind as the suspect);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment. Article 50 (Selection of Imprisonment);

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

1. The Defendant had the history of driving cars, such as the record of a fine for driving without a license and a fine for driving without a license three times from 2001, and the record of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egressing Vehicles) in addition to the previous conviction in the judgment of the court below, the Defendant came to commit the instant crime.

The police's statement about the situation of drinking driving was about to drive a drinking vehicle.

In the case of interrogation of a police suspect after statement, he/she was driving his/her vehicle in order to keep his/her father and wife away from divorce.

This is also the reason why the statement is made.