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 November 17, 2011, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court of Seoul, and KRW 5 million as a fine for the same crime from the Jyyang Branch of the Jung-gu District Court on March 9, 2018.

On March 3, 2018, at around 21:50, the Defendant driven a SM7 D car while under the influence of alcohol content of about 0.147% without obtaining a driver’s license in the section of approximately 500 meters from the front of the B market to the front road of C at the Gyeonggi-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same type of force, etc.);

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 grounds for sentencing under Article 62-2 of the Criminal Act for the order to attend lectures and the order to provide community service order have the same record of punishment several times for the same crime even before.

In particular, despite the fact that a person was charged with driving at 0.198% of alcohol concentration in blood on October 23, 2017, the person committed the instant crime again in the state of 0.147% alcohol concentration in 0.147% in 4 months and 4 months.

It is necessary to punish the defendant strictly.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.