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.

Criminal facts

On April 20, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Changwon District Court on April 20, 2009, and a fine of four million won for a violation of the Road Traffic Act at the Ulsan District Court on January 6, 2016.

On January 3, 2017, the Defendant, without obtaining a driver's license for a motor vehicle on January 21, 2017, driven a 100-meter driver's license for Gohap Pream Corresponding from B, B, to the alternative distance in the same Ri in the Gan-gun Eup/Myeon where the blood alcohol content is 0.142% under the influence of alcohol in the blood.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice, and was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, inquiry into the results of crackdown on the driving of drinking, report on the situation of the driver of drinking, ledger of driver's license, and making an inquiry into the vehicle;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgment on driving alcohol), and statutes;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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. Taking into account the fact that the reason for sentencing under Article 62-2 of the Criminal Act such as the protection and observation and the order to attend a lecture is not only likely to cause an accident, but also the driver was aware of such condition and the driver did so, the defendant was driving without a license in addition to drinking, and the amount of alcohol concentration was high, and the defendant was punished twice due to drinking, such as the introduction of the crime before the instant case, and there was other records of past being sentenced to a fine not exceeding five times due to driving without a license.