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 September 2, 2013, the Defendant was issued a summary order of KRW 2 million on September 2, 2013 with a fine of KRW 2 million as a crime of violating the Road Traffic Act (driving in Drinking) at the Suwon Friwon method, and on September 17, 2015, with a fine of KRW 5 million as an identical crime from the support for the development of Friwon method.

On October 13, 2017, the Defendant driven a B car without obtaining a driver's license, while under the influence of alcohol concentration of about 0.089% in the section of approximately 1.3km from the 127-lane to the IC road located in the parallel of the same day from the 23:24 of the same day to the IC, which was introduced in Ansan-si around 23:02.

As a result, the defendant, who has violated the prohibition on drinking at least twice, once again drive a drinking while under the influence of alcohol, and simultaneously drive a without the license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. The observation of protection and the circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The history of punishment due to drinking driving reaches three times.

The favorable circumstances shows the attitude of the defendant to reflect the mistake, and there is no criminal record of suspended execution or more.

The alcohol concentration in blood is relatively high.

Determination of sentence: Determination of sentence as ordered by taking into account the above circumstances, the age, sex, environment, etc. of the defendant, and the conditions of sentencing.