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

On May 31, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on May 31, 2012, and on February 10, 2015, the Defendant was issued a summary order of KRW 3 million for the same crime at the same court.

On February 14, 2015, around 23:22, the Defendant driven a motor vehicle B, under the influence of alcohol content of 0.185%, without a motor vehicle driver’s license, from the dives road located in Goyang-gu, Mang-gu, Mang-si to the Hag-si front road located in the Magju-si Dong-dong.

Accordingly, the defendant, who has driven a motor vehicle more than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A previous record of his judgment after checking the results of the drinking driving control and his driver's license inquiry;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (reports accompanied by the previous suspect and summary order);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same 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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of punishment by law: Imprisonment with prison labor for one year and three years;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are small and the sentencing criteria are not set.

3. A suspended sentence of two years, etc. for one year (including the case of a person who has been sentenced to imprisonment with prison labor and the case of a person who has been sentenced to imprisonment with prison labor and the case of a person who has been sentenced to imprisonment with prison labor and the case of a high drinking