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 December 18, 2012, the Defendant was notified of a summary order of KRW 3 million for a crime of violating road traffic laws in the Daegu District Court's Sung Branch on December 18, 2012, and on September 26, 2013, the above court was punished by a fine of KRW 3.5 million for a crime of violating road traffic laws (driving), and on September 26, 2013, three times.

On October 20, 2016, the Defendant driven a B rocketing car from the fluoral surface to the fluoral surface of the Gyeongbuk-gun, Gyeongbuk-gun, without a driver's license, while under the influence of alcohol leveling to 0.288% of the alcohol level during blood transfusion around 13:00.

Accordingly, even though the Defendant violated the prohibition provisions on driving under the influence of alcohol more than twice, the Defendant once again driven a motor vehicle without a driver's license in violation of the said provisions.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of crackdown on the results of drinking;

1. The driver's license ledger;

1. Records of crime: Application of inquiry letter, such as criminal history, investigation report (Attachment to the same type of crime judgment) and statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the Defendant committed the instant crime even though he/she had a criminal record for the reasons of sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures several times, and that the Defendant’s blood alcohol concentration was very high at the time of the instant case, there is a need to strictly punish the Defendant.

However, the order is based on the fact that the defendant recognized his mistake and reflects it, and other circumstances such as the defendant's age, sex, occupation, home environment, circumstances after the crime, etc. are considered.