A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 9, 2013, the Defendant received a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act, and on February 21, 2017, the same court received a summary order of KRW 4 million as a fine for the same crime.

On April 13, 2017, the Defendant driven a vehicle with 10km B K3 km in front of the six Gun line in the Gancheon City, in a state of under the influence of alcohol content of 0.067% in blood without obtaining a driver's license for a motor vehicle on April 13, 2017, and in that of the Home Poper's Government located in the Gancheon City, the Defendant driven a vehicle with 10km B K3m in front of the six Gun line.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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

1. The driver's license ledger;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, report on the result of confirmation of the previous conviction of the disposition, summary order No. 2013 High Court Decision No. 20126 High Court Decision No. 15226 High Court Decision No. 83 High Court Decision 2017 High Court Decision No. 83

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

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 circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the Defendant was subject to two times or more due to drinking, and accordingly, was driving again under the influence of alcohol while the driver’s license of the motor vehicle was revoked.

After all, the result of the crime of driving without a license and driving without drinking was the time immediately after the completion of the summary order before the ruling.

In addition, it is difficult to punish a fine.

Article 148-2 (1) 1 of the Road Traffic Act, which applies to this case, shall be punished by imprisonment for not less than one year but not more than three years.

The defendant is remarkably against, and is yet ageed, except for drinking and driving.