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

The Defendant was sentenced to a fine of KRW 3 million on November 1, 2013 by the Incheon District Court for a crime of violating the Road Traffic Act (driving in Drinking), and a fine of KRW 1.5 million on March 10, 2015 by the same court on March 10, 2015.

[Criminal facts] On November 21, 2016, the Defendant driven CMW car at a section of about 1km from the Do in front of the Southern-gu Incheon Southern-gu to the same front of the Gu road under the influence of alcohol level of 0.054% during blood transfusion around 23:42 on November 21, 2016.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations at least twice, and driving a motor vehicle under the influence of alcohol again.

around 09:30 on June 2, 2017, the Defendant driven a CMW car without obtaining a driver's license from around 9km in approximately 10:05 on the front side of the Defendant's house located in Yeonsu-gu Incheon Metropolitan City from around 09:30 on the same day to around 10:05 on the same day.

Summary of Evidence

"2017 Highest 2008"

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

1. Previous convictions in the judgment: Dental Order (Seoul District Court Decision 2013 High Court Decision 17589), summary order (Seoul High Court Decision 2015 High Court Decision 2197 High Court Decision 2017 High Court Decision 4094 High Court Order);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (a repeated driving of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (a non-licensed driving) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. Based on the reasons for sentencing under Article 62-2 of the Criminal Act, the sentencing conditions shown in the trial process of this case, including the Defendant’s age, sex, family relation, family environment, motive and means of crime, and circumstances after the crime, the sentence as ordered shall be determined.

A favorable circumstances: The defendant shall be present.