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

[criminal power] On October 15, 2012, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the Daejeon District Court’s Branch of the Daejeon District Court, and a fine of KRW 7 million for the same crime, etc. on August 18, 2014.

【Criminal Facts】

On November 28, 2014, around 11:28, 2014, the Defendant driven a BM5 car with a blood alcohol content of 0.214% under the influence of alcohol without a vehicle driver’s license, over a section of approximately 1km from the street in front of the east-gu, Chungcheongnam-gu, Seoul Special Metropolitan City to the front of the delayed stock farm located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and entry of the report on the situation of drinking drivers, respectively;

1. Entry in the register of driver's licenses;

1. Images of the photograph at the time of crackdown;

1. Previous for judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports, reports on the management of and inquiry into criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order has been several times, and even though the Defendant was punished for the same kind of crime since 2010, the Defendant committed the instant crime under the condition that the blood alcohol concentration level was considerably high.

In order to realize the awareness of drinking driving, it is necessary to sentence a severe punishment to the defendant.

However, the defendant has been sentenced to a fine in recent years, taking into account the fact that he has not yet been sentenced to a penalty.