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.

Punishment of the crime

On September 14, 2006, the Defendant received a summary order of 2,500,000 won of a fine due to a violation of road traffic law (drinking driving) from the Daegu District Court Kimcheon-cheon branch on September 14, 2006. On December 28, 2015, the Defendant received a summary order of 2,00,000 won of a fine due to a violation of road traffic law (drinking driving).

On June 28, 2017, while under the influence of alcohol level of 0.088% among blood transfusion around 15:50%, the Defendant driven a cub car in C at approximately KRW 800 meters from the front of a restaurant near an Busan High School located in 94-lane 10, the monthly valley of Daegu Seo-gu, Daegu High School without a driver’s license to the parking lot for the “OK point MG MG E” in 79 in the same monthly street.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol more than twice, he again driven a motor vehicle without a driver's license while 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 drinking, statement of the situation of the driver driving, and inquiry of the results of regulating the driving of drinking;

1. The driver's license ledger;

1. Making teas;

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiry, copy of judgment, etc., such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant was punished for driving alcohol or driving without a license. On April 8, 2016, the Defendant was sentenced to the suspension of the execution of six months of imprisonment on the grounds of violating the Automobile Management Act in the Seobu branch of the Daegu District Court, which was sentenced to the suspension of the execution of six months of imprisonment on April 16, 2016, which became final and conclusive on April 16, 2016. However, even during the period of the said suspension of the execution, there is a need to strictly punish

However, the defendant often appeals to recognize his mistake and treat him properly.