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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 25, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million on September 1, 2010 to a fine of KRW 2 million for the same crime, and KRW 7 million on December 24, 2012 in the Changwon District Court Msan Branch, which was sentenced to a summary order of KRW 7 million for the same crime.
On November 30, 2017, at around 23:55, the Defendant driven a C Poter II laps under the influence of alcohol concentration of about 0.204% without obtaining a driver’s license on a section of about 2km from the front day of the Defendant’s house located in Hanam-gun B to the front day of the convenience store in the same Gun.
Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. The driver's license ledger;
1. References to inquiries, such as criminal history, and application of summary order 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Although there is a record of being punished several times for the same kind of crime for the reason of sentencing under Article 62(1) of the Criminal Act in the suspension of execution, the punishment is determined as ordered in consideration of the defendant's age, blood alcohol concentration, family relationship, etc., but erroneous recognition and deep reflects the fact that there is no record of crime exceeding the fine, and there is no record of serious crime