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

1. On January 5, 2016, the Defendant was issued a summary order of one million won of a fine for a crime of violating the Road Traffic Act (drinking driving) at a district court of the Jung-gu District on the same day, and on November 24, 2016, by the same court, a summary order of four million won of a fine for the same crime.

On June 8, 2017, the Defendant driven a 2k section in front of a restaurant on which the trade name located in the Newbuk-si, Macheon-si, Macheon-si, is unknown, with approximately 0.086% alcohol concentration in blood, while under the influence of alcohol at least 0.086%.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a vehicle B with soflurt without the driver’s license at the location specified in paragraph 1.

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 convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

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 Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, committed the third drinking driving crime within the short time from the end of 2015 to the instant crime.

In addition, the crime of this case was committed without a license due to the punishment for driving prior to the driving of alcohol.

In accordance with the purpose of the Road Traffic Act, strict punishment is inevitable.

However, the defendant has no particular criminal record except four times of fine, including the above traffic.

In addition, the defendant is now big.