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 1, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2,50,000 as a fine for the same crime from the Jung-gu District Court Goyang Branch on August 28, 2012.

At around 19:00 on June 12, 2016, the Defendant driven a vehicle with a blood alcohol content of about 300 meters from the roads near the Cgallon-si, Seoyang-gu, Seoyang-gu, Seoyang-gu, to the roads in front of the Callon-gu, Seoyang-gu, Seoyang-gu, Seoyang-si, and without a driver’s license, while driving a vehicle with a blood alcohol content of about 0.089% without a vehicle’s license.

Accordingly, the defendant, even though he had a driving force twice or more, drives a motor vehicle under the influence of alcohol again, and simultaneously drives a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Each previous record on the circumstantial statement of a driver and the register of driver's licenses;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same 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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of punishment by law: Imprisonment with prison labor for one year and three years;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are not set, or commercial concurrent crimes; and

3. A suspended sentence of two years: Imprisonment with prison labor for one year (the details and result of the criminal conduct, criminal records, the age, character, conduct and health conditions, etc. of the criminal defendant);