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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.
Reasons
Punishment of the crime
On March 25, 2011, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of road traffic laws (drinking) at the Jeonju District Court’s Eup branch on March 25, 201, and a fine of KRW 6 million with a fine of KRW 1 million due to a violation of road traffic laws at the Ulsan District Court on September 17, 2014.
On November 20, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle at around 23:05, driven a vehicle with the alcohol content of 0.122% in blood, and driven a vehicle with the horses level of 10km in front of the rock middle school located on the mouth of Ulsan-gu, Ulsan-gu, Ulsan-gu in front of the chemical insulsan-gu.
As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;
1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly seven times) Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road 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 (Article 62 (1) of the same Act (Article 62 (1) of the same Act on the grounds that the number of repetitions or drinking consumption of the same type of crime exceeds 0.122%, however, there is no record of punishment heavier than that of the same type of crime until that time, or that there is no record of punishment heavier than that of the same crime, or that there is a choice of the stay of execution in consideration of the circumstances leading up to the crime
1. Protective observation and community service order under Article 62-2 of the Criminal Act;