A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant, at the Changwon District Court on September 21, 2009, issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court on May 9, 201, a summary order of KRW 3 million for the same crime at the same court on May 9, 201, a summary order of KRW 3 million for the same crime was issued on September 23, 201 by the same court on September 23, 201, a two-year judgment of suspension of execution in imprisonment for the same crime, and a person who had the same court on December 17, 2014, issued a summary order of KRW 5 million for the same crime.

Criminal facts

On March 4, 2018, at around 04:05, the Defendant driven a clateral vehicle under the influence of alcohol concentration of about 0.187% from the front side of the Geum-dong Hospital in Busan Seo-gu, Busan to the front side of the Man-dong 2 tunnel, Man-dong, Busan, with no driver's license.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle without a license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports, reports on the circumstances of the driver involved in driving, and reports on the detection of the driver involved in driving;

1. Inquiries about the results of drinking control and response to requests for appraisal;

1. Previous conviction: Application of Acts and subordinate statutes, such as inquiry, inquiry, report on investigation, summary order, etc.;

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

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 defendant's reason for sentencing under Article 62-2 of the Criminal Act is that he/she has already been punished three times by a fine due to drinking driving, and that he/she has driven a drinking without the driver's license of a motor vehicle even though he/she had been punished once a suspended sentence.

However, the defendant is led to his confession of crime, and his mistake is repented in depth, and the defendant does not drive drinking again.