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 April 8, 2009, the Defendant was sentenced to a fine of 700,000 won as a crime of the Road Traffic Act at the Seoul Central District Court on April 8, 2009, and a fine of 4 million won as a crime of the Road Traffic Act at the Sungnam support center on February 17, 2014, and on February 24, 2017, the Defendant was sentenced to a suspended sentence of 1 year for 6 months.

On May 16, 2018, the Defendant, without obtaining a driver's license of a vehicle around 00:03, driven a motor vehicle with an alcohol content of about 0.137% in blood while under the influence of alcohol around 0.137% in the blood. From the vicinity of the building B in Sungnam-si, Sungnam-si, the Defendant driven a motor vehicle for Esan Pu Pu Pa Pac through about 3 km in front of the oil station located in Sungnam-si C.

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. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking, the statement of the situation of the driver driving, and the driver's license ledger;

1. Records of judgment: Application of inquiry letter, such as criminal history, and report on the result of confirmation of minor records of the disposition;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 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. The defendant's reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though he had the record of criminal punishment on three occasions for the same crime, is not against the defendant's mistake. However, the defendant's mistake is against the defendant. The defendant's appearance of a pregnant woman who does not have any income activity at present, is the most common sense of living together with his son and her wife, and there is no record of crime other than drinking and driving without driver's license, and the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are committed.