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

[criminal history] On June 1, 2009, the Defendant was sentenced to a fine of KRW 2 million due to a violation of road traffic law (driving alcohol), etc. on May 1, 2014, and a fine of KRW 6 million due to the same crime from the vice branch branch of the Incheon District Court on May 1, 2014, respectively. On December 6, 2016, the Defendant was sentenced to imprisonment of KRW 8 months with labor for the same crime, etc. on December 14, 2016, and the judgment was finalized on December 14, 2016.

[2] On November 15, 2016, the Defendant, who violated Article 44(1) of the Road Traffic Act two or more times, drives a B-learning car under the influence of alcohol content of about 0.125% in blood without a vehicle driver’s license on a section of about 500 meters, from the front of a four restaurant to the front of a middle school located in the same Ri, on November 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions indicated in the judgment: (A) a reply to inquiry, such as criminal history, a report on investigation (the confirmation of the past record of the same type of crime), a report on the results of confirmation of the previous record of the disposition, and the application of the Acts and subordinate statutes

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished for drinking alcohol driving several times in the past.

In this case, there is a high possibility of criticism in that the same crime has been committed even though the trial is pending due to the same crime.

However, the defendant recognizes his mistake and is against his will.

On the other hand, the driving section is not driving, and it is parallel.