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 July 16, 2008, the Defendant was issued a summary order of one million won as a crime of violating the Road Traffic Act (drinking driving), and on November 13, 2008, the Defendant was sentenced to a summary order of two million won as a crime of violating the Road Traffic Act (drinking driving), and on July 10, 2009, the Defendant was sentenced to a suspended sentence of three years for 10 months by imprisonment with prison labor for a crime of violating the Road Traffic Act (dacting driving) at the Daegu District Court Branch of the Daegu District Court. On September 26, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Act (dacting driving) at the Daegu District Court.

On February 23, 2016, the Defendant driven a Fran vehicle under the influence of alcohol content of about 0.063% without a driver’s license from the front of the Fran vehicle in the mountain of Daegu Seo-gu to the front of the long-term elementary school located in the same Gu, from around 50 meters long-term elementary school in the same Gu.

Accordingly, the Defendant, without obtaining a driver’s license, has violated the prohibition provisions on driving under the influence of alcohol not less than twice, but has driven a motor vehicle under the influence of alcohol in violation of the said provisions.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report attached to the previous convictions and judgment, etc.);

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. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of alcohol content and reflective points in blood, etc.);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;