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 April 5, 2007, the Defendant was sentenced to six months of imprisonment due to a violation of road traffic law at the Daejeon District Court on April 5, 2007, and on January 2, 2015, in addition to the issuance of a summary order of KRW 4 million due to a violation of road traffic law (drinking driving), the Defendant was sentenced to six times the criminal records subject to punishment due to a violation of road traffic law (drinking driving).

Although the Defendant was punished twice or more due to drinking driving as above, on May 28, 2016, the Defendant driven a B B B-T car without a driver’s license, under the influence of alcohol content of about 0.117% from a shooting distance from the Nowon-gu, Seocheon-gu, Seocheon-gu, Seoul to the front day of the same two stations.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of control of a driver without a license for drinking;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The ledger using the measuring instruments for drinking;

1. The driver's license ledger;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of inquiry-related Acts and subordinate statutes, such as criminal history;

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

1. Articles 40 and 50 of the Criminal Act (Punishment for a crime of violating the Acts of transportation on roads with heavy punishment);

1. Imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is very important to the instant crime even though the Defendant was punished for the same kind of crime several times.

However, in consideration of the fact that there is no record of punishment heavier than the fine for a considerable period of time, and that social ties are clear and contradictory to the social relationship, the punishment is determined as ordered.