A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On July 26, 2017, the Defendant issued a summary order of KRW 8 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on July 26, 201, and a summary order of KRW 1 million for the same crime in the same court on September 3, 2007.

On September 6, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle around 23:30 on the 135-day west-ro, at approximately 5 km section from the 135-day west-ro to the roads near the entrance of the gardening EXPO, located on the 1st-way 1stm of the city in the same city. The Defendant driven a C Mtyp motor vehicle while under the influence of alcohol content of 0.323% in blood.

Therefore, even though the Defendant violated the prohibition of driving under the influence of alcohol more than twice, he again driven a motor vehicle without a license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

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

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a summary order accompanied by summary order);

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

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the defendant's criminal records of the same offense, the drinking value of the case, and the time interval between drinking driving.

However, a sentence shall be determined by considering the age and environment of the defendant in consideration of the fact that the defendant has no criminal history of imprisonment without prison labor or heavier, and that the defendant's health is not good due to an industrial accident.