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 January 22, 2009, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act at the Gunsan Branch of the Jeonju District Court on January 22, 2009, and on November 22, 2012, the same court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act for a violation of the Road Traffic Act, and was punished two times or more for a violation of the Road Traffic Act.

Nevertheless, at around 23:20 on August 6, 2016, the Defendant driven BM5 automobiles without a driver’s license in a state of 0.267% alcohol concentration from a section of about 30 meters from the front day of the Samcheon-si, Busan Metropolitan City, to the front day of the party club in the same Dong from the front day of the party club in the same Dong.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and drives a vehicle under the influence of alcohol at the same time without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses, and car4;

1. Previous records of judgment: Application of criminal records, references to criminal records, and each copy of judgment;

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 ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has the record of having been sentenced to a fine and a suspended sentence of imprisonment due to a drunk driving. On April 20, 2016, even when a summary order of KRW 4 million was issued due to aless driving on April 20, 2016, the Defendant again committed the instant crime. The instant drinking volume reaches 0.267%, and the Defendant.