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.

Punishment of the crime

On February 3, 2009, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution due to a crime of violating the Road Traffic Act at the Incheon District Court on February 3, 2009, and on March 2, 2016, issued a summary order of 5 million won of a fine for the same crime from the Jibu District Court Goyang Branch.

피고인은 2016. 3. 2. 07:54 경 남양주시 도농동에 있는 한신 아파트 앞 도로에서부터 고양시 덕양구 대자동 824-32에 있는 벽제 벧 엘 교회 앞 도로에 이르기까지 약 30km 구간에서, 자동차 운전면허를 받지 아니한 채 혈 중 알콜 농도 0.076% 의 술에 취한 상태로, C 스타 렉스 승합차를 운전하였다.

As a result, the Defendant violated the duty of prohibition on driving under the influence of alcohol under the Road Traffic Act not less than twice, but driven a motor vehicle without obtaining a driver's license while under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Each previous conviction in the report of the circumstances of driving a driving and that of the driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to report an investigation (verification of criminal records of the same kind as the suspect);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 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 suspended execution;

1. Sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the observation of protection, community service, and lecture attendance order, and Article 59 of the Protection, Observation, etc.;

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 for which the sentencing criteria are not set small and the sentencing criteria are not set.

3. Two years of stay of execution, etc. for one year of imprisonment with prison labor for a decision of sentence (the fact that there are many previous convictions, drinking values, driving without a license, driving circumstances, family members to support the accused, age of the accused, sex, etc.);