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 of the final judgment.

Punishment of the crime

On June 13, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the District Court of Jung-gu on June 13, 2008, a fine of seven hundred thousand won for the same crime in the same court on August 27, 2008, and a fine of five million won for the same crime in the same court on October 25, 2013.

On July 24, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a e-cub vehicle B in front of the E-cub vehicle located in E-cub 342 in Yang-si, Yang-ro 342, under the influence of alcohol content of 0.171% in Yang-si without a driver’s license on July 24, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (former records and attachment reports of judgment) - Application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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 on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2009Da144

1. Article 62-2 of the Criminal Act for probation and order to attend a probation and order to attend a compliance driving course [in addition to the previous conviction in the judgment of the defendant, there is a record of being sentenced to a fine of two million won for drinking driving in 2003, a fine of one million won for driving without a license in 2004, a fine of one million won for driving without a license in 2008, and a fine of 1.5 million won for driving without a license in 2008, probation shall be imposed to prevent recidivism and attending a compliance driving course at the same time