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

[criminal power] On December 17, 2012, the Defendant received a summary order of KRW 2 million from the Seosan Branch of the Daejeon District Court to a fine of KRW 3 million for a violation of the Road Traffic Act, and on August 9, 2013, from the Seosan Branch of the Daejeon District Court to a fine of KRW 3 million for a violation of the Road Traffic Act.

【Criminal Facts】

On March 18, 2014, at around 22:15, the Defendant driven B wing-in cargo with a blood alcohol concentration of 0.225% while under the influence of alcohol, without obtaining a driver’s license, from approximately 1.5 km to the front of the water-top underground car located in the same hydro-dong in the same hydro-dong.

As a result, the Defendant violated it more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again drive the said cargo under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving, and inquiry into the register of driver's licenses;

1. Previous convictions: References to inquiries, investigation reports (former and confirm), one copy of the judgment, and application of two copies of the summary order under Acts and subordinate statutes;

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) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was sentenced twice a fine due to drunk driving; and (b) the blood alcohol content was considerably high; (c) the Defendant was not sentenced to a fine; (d) the Defendant did not cause any accident; and (e) the motive and circumstances of the instant crime; (e) the circumstances after the instant crime; and (e) the Defendant’s previous conviction, etc. were considered as a whole, and all the sentencing conditions indicated in the instant records and arguments, including the records and arguments.