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 14, 2010, the Defendant was issued a summary order of a fine of one million won or more due to a violation of road traffic law in the Chuncheon District Court's original state support on June 14, 2010, and the Defendant was issued a fine of three million won or more due to a violation of road traffic law in the same court on November 25, 2016.

On May 24, 2017, around 01:15, the Defendant driven a vehicle 507 as Seowon, 392 as Seowon, and 394 as Seowon in front of the additional note, and 304 as Seowon in front of the second place of the main place of the Guateman, with no driver’s license in the section of approximately 1km in front of the main place of the Guateman, while under the influence of alcohol with 0.194% in alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of the driver at home and a written appraisal of alcohol during blood;

1. The driver's license ledger;

1. Records of judgment: Application of a reply to inquiry about criminal history, investigation report (Attachment to the previous summary order) and statutes;

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 sentencing shall be considered as favorable to the Supreme Court);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and attend lectures: The defendant caused an accident that conflicts between the central separation unit during drinking while driving. In light of the regulatory circumstances, the risk of drinking driving was very high.

The defendant has a record of being punished by a fine for driving under influence of alcohol in 2010 and 2016.

A favorable circumstances: The defendant shall not have been subject to punishment exceeding a fine.

It is going against the crime and not to repeat the crime.

In addition, the defendant suffered from an injury, such as two dub loss, due to an accident caused at the time of driving the drinking of this case, and the defendant's age, sex, environment, etc.