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

On January 29, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Jung-gu District Court, and on May 24, 2018, issued a summary order of KRW 4 million for the same crime by the same court.

Criminal facts

On July 8, 2018, the Defendant driven a BM5 vehicle without obtaining a driver’s license from the front of the Yellow-gun restaurant located in the Seocheon-si, Sincheon-gu, Sincheon-do to the front of the 223 king-ro 500 meters water alcohol level from around 0.182% under the influence of alcohol level from around 500 meters to the front of the Doncheon-si, Sincheon-gu, Sincheon-do.

As a result, the defendant was punished not less than twice due to drinking, and driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on investigation reports (attached reporting, such as a copy of summary order);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, for the reason of sentencing Article 62-2 of the Criminal Act, was two times before the driving of drinking alcohol, and the Defendant was found to have been aware that the driving of the instant drinking was done at the time of the detection of the vehicle from the first line of the road.

I seem to appear.

However, the punishment shall be determined in consideration of the fact that there is no previous driver without a license, the fact that there is no previous driver of a suspended sentence or more.