A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On June 29, 2006, the Defendant was sentenced to a fine of KRW 5 million due to a crime of violating the Road Traffic Act (drinking driving), etc. on May 25, 2016, and the same court issued a summary order of KRW 2 million due to a crime of violating the Road Traffic Act (drinking driving). On July 17, 2017, the Defendant was issued a summary order of KRW 4 million by the same court.

On May 11, 2018, at around 13:45, the Defendant driven a motor vehicle of 125 meters from the 155-ro, Dongducheon-si, the same Sim-ro, 157-ro, to the 17-ro, the same Simp, without obtaining a driver's license, while under the influence of alcohol level of about 300 meters from the 300-ro, 157-ro, 17-ro, the Defendant driven a motor vehicle of hurburb

As a result, the defendant was punished not less than twice due to drinking, and driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Registers of inquiry into the association of the main office and driver's licenses;

1. Previous conviction in judgment: Application of 6 copies of inquiry letter, such as criminal history, inquiry about the result of crackdown on drinking driving (from May 30, 201 to April 13, 201) and 13 Acts and subordinate statutes;

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

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 reason for sentencing under Article 62-2 of the Criminal Code of the community service order includes the punishment of suspending the execution of imprisonment due to drinking and driving without a license even before the defendant has been punished several times.

Nevertheless, the crime of this case was committed under the influence of the driver without the license, which was significantly 0.198% of alcohol concentration in the blood of the second blood.

It is necessary to punish the defendant strictly.

However, the defendant does not drive again.