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

[criminal power] On June 15, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the official capital support of the Daejeon District Court as well as a summary order of KRW 5 million for a crime of violation of the Road Traffic Act in the Jeonju District Court’s military capital support on June 23, 2014, respectively.

【Criminal Facts】

On August 4, 2014, at around 21:45, the Defendant driven a B tea with a blood alcohol concentration of 0.120% under the influence of alcohol without a vehicle driver’s license at a section of approximately 500 meters from the road front of a restaurant on the mutual influent road located in the Donsan-si, Sosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

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 the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and the main sentence of Article 59(1) of the Act on Probation, etc., even though the defendant had been punished for a series of identical crimes, committed again, and thus, the defendant committed the instant crime, etc., which is disadvantageous to the defendant, and the defendant's time of and reflects the criminal act, and the defendant committed a compliance operation, etc., shall comprehensively take into account the conditions for sentencing favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and other various conditions for sentencing specified in the instant pleadings,