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

On August 26, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving), a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) in the same court on April 14, 201, a fine of two hundred and five million won for the same crime in the same court on August 29, 2013, and a fine of two hundred and five hundred and five hundred thousand won for the same crime in the same court on September 30, 2013, and two years for the suspension of the execution of eight months for the same crime in the same court on October 10, 2014, respectively.

On December 17, 2015, the Defendant driven a BSpo-type car owned by the wife without obtaining a driver's license from around 100 meters in a section from the front of the restaurant where it is impossible to know the trade name in the Pyeongtaek-dong at the Jinju-si, to the front of the cafeteria-type restaurant located in the same Dong to the day before the cafeteria-type restaurant located in the same Dong, while under the influence of alcohol content of 0.101%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of alcohol, reports on detection of drivers of alcoholic beverages, reports on the circumstances of drivers of alcoholic beverages, and the register of driver's licenses;

1. Previous convictions: Application of inquiries into criminal history, investigation reports (referring to the same type of criminal records, the previous convictions and the binding of summary orders);

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

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

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

1. The punishment of Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, was imposed five times as drinking driving, etc. only after the year 2009.

In particular, on September 10, 2013, after being sentenced to two years of suspended sentence on September 10, 2013 due to drinking driving, on May 28, 2014, a person was sentenced to a fine (7,00,000 won) by this Court on October 10, 2014.

In addition, the crime of this case was committed. In this regard, at the time of the habitual offender, the habitual offender of drinking is not an exaggeration.

It is considered that the sentence of imprisonment is to be imposed, but it is also considered.