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 February 15, 2008, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Seoul Eastern District Court, and on November 24, 201, issued a summary order of KRW 3 million as the same crime at the Seoul Central District Court.

On April 22, 2014, at around 22:48, the Defendant, without a driver’s license, driven a BM5 car at the front of the road located in the same Dong around the Pyeongtaek city resource recovery facility located in the same Dong and located in the same Dong during the safe-time city while under the influence of alcohol by 0.204%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports and investigation reports (reports accompanied by summary orders) including criminal records, etc.;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant driving a motor vehicle without a license even though he/she had a record of being punished twice due to drinking alcohol, and the quality of such a crime is not exceptionally applied.

However, it shall be considered that the defendant has no criminal record of probation or heavier, the defendant's records of drinking driving are relatively recent, and the defendant has led to the confession of the crime, etc. in favorable circumstances.

In addition, on the basis of the sentencing precedents of the same kind of case as that of the prosecutor’s life (one year of imprisonment), the execution of the sentence is suspended by taking account of various circumstances, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions indicated in the arguments and records of the case.