A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 23, 2012, the Defendant issued a summary order of 2.5 million won for a violation of the Road Traffic Act at the Seocheon Branch of the Daejeon District Court on July 23, 2012, and on November 21, 2012, the Suwon District Court issued a summary order of 5 million won for a violation of the Road Traffic Act (driving) and was punished on two or more occasions for a violation of the Road Traffic Act.

Nevertheless, at around 21:15 on October 19, 2018, the Defendant was under the influence of alcohol with a blood alcohol level of 0.084%, and the Defendant was driving a F K5 car at a section of about 1 km from C before the front of the road located in the Gu of Jinjin-si to D E before the road located in D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the situation of state of driver without a license, and report on the state of state of state of driver without a license;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous for judgment: Application of criminal records, inquiry reports, and criminal investigation reports (a copy of a summary order issued by the same type of power shall be attached);

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), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, drives a vehicle while drunk without a driver's license despite the fact that the defendant had already been punished twice due to drinking driving, etc., and was sentenced to a suspended sentence of two years for a year by violating the Act on the Aggravated Punishment, etc. of Specific Crimes in 2016, the criminal liability of the defendant is heavy.

However, the fact that the defendant's mistake and reflects the defendant's mistake, the fact that the drinking water in this case does not reach a traffic accident, the fact that the drinking water in this case is not very high, and the age, character and conduct, environment, and the motive and circumstances of the crime in this case.