A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was sentenced to a summary order of KRW 3 million on February 14, 2012, and a fine of KRW 5 million on June 25, 2014, and was sentenced to imprisonment for 1 year on August 4, 2014 and for 2 years of suspension of execution in Gwangju District Court.

On November 1, 2016, the Defendant driven a car at the C Sppo Road without obtaining a driver’s license, under the influence of alcohol level of about 0.125% at a section of approximately 1km from the Do in front of the Dong-dong market, which is located in the Dong-dong at Sinpo City, to the front of the Yong-gu Do in front of the same city roads.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, drives a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of a driver who is placed in driving, inquiry into the results of crackdown on drinking driving, the ledger of driver's licenses, and inquiry into the following:

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and of a report on investigation (verification of the same criminal records as the suspect);

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

1. Formal concurrence and the choice of punishment under Articles 40 and 50 of the Criminal Act, the choice of punishment by imprisonment;

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

1. The defendant's reasons for sentencing of Article 62-2 of the Criminal Act, such as the observation of protection, community service order, and order to attend a lecture, even though he/she had a record of punishment on several occasions, such as a suspended sentence due to drinking driving, and thus, driving a drinking without a license is disadvantageous to

However, the execution of a sentence shall be suspended in consideration of the circumstances favorable to the defendant, such as the fact that the defendant's mistake is divided and disposed of, support the wife and children, the defendant's age, sex behavior, family relationship, etc., and the possibility of recidivism is high, so long-term protection and observation, social service, and attending lectures shall be ordered.