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 23, 2015, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act, on July 13, 2015, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act from the Suwon District Court on July 13, 2015, and on November 8, 2017, the Defendant was punished for a drunk driving on more than two occasions after receiving a summary order of KRW 8 million for a crime of violation of the Road Traffic Act.

Nevertheless, at around 01:52 on June 3, 2018, the Defendant driven DK 3 automobiles while under the influence of alcohol with approximately 30 meters alcohol concentration 0.142% without obtaining a driver's license from the front side of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the front side of the same military road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the report on the state of a drinking driver's statement, the register of driver's licenses, and CCTV images;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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 Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, has four times the period of punishment for drinking or unlicensed driving. In particular, on November 8, 2017, the Defendant again committed the instant crime of drinking or unlicensed driving even though he/she was sentenced to a summary order of KRW 8 million due to drinking or unlicensed driving on November 8, 201, and the blood alcohol concentration at the time is considerably high.

It is necessary to punish the defendant strictly.

However, the circumstances are favorable to the defendant, such as the fact that the defendant has divided his mistake and again will not drive under the influence of alcohol, and the fact that there is no criminal power exceeding the fine.