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 December 26, 2008, the Defendant was sentenced to a summary order of KRW 2 million by a fine of KRW 1.5 million at the Seoul Northern District Court on March 17, 2015, a summary order of KRW 1.5 million by a fine of KRW 1.5 million at the Seoul Northern District Court on March 17, 2015, and a summary order of KRW 6 million by a fine of violating the Road Traffic Act (driving) at the Seoul Northern District Court on May 6, 2015.

【Criminal Facts】

1. Around 23:16 on May 25, 2015, the Defendant driven a CM5 vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.065% from a 50-meter section from the Hanandong Commercial Area to the Geumcheon River in the same Si/west-dong.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. The Defendant, in violation of the Road Traffic Act (unlicensed driving) at the time and place specified in paragraph (1), was driving the said vehicle even though the validity of the license was suspended from March 28, 2015 to May 26, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is a majority of the accused who was punished for the same kind of crime, and in particular, even though the accused was sentenced two times to a fine for the same kind of crime on or around 2015, the nature of the crime in this case is not good.