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

On June 3, 2014, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court Branch on June 3, 2014, and a summary order of KRW 3 million for a fine on April 4, 2017 at the Seoul Southern District Court on June 7, 2017.

On May 19, 2017, at around 23:32, the Defendant driven a 2km of approximately 1485-1, from the Do located in the Do located in the outer working-dong of Gangseo-gu Seoul Metropolitan Government to the road of about 1485-1, and without obtaining a driver’s license, the Defendant driven a Do-type truck of Category D in the state of alcohol concentration of 0.094% while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving of alcohol (List 2), and the ledger of driver's licenses for motor vehicles (list 5);

1. Previous convictions: Application of the Act and subordinate statutes of inquiry about criminal history (8) and summary order (10)

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. Imprisonment with prison labor chosen;

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

1. In light of the protection and observation, Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the same and Article 59 of the Act, the defendant's favorable circumstances (the confessions, no longer than a stay of execution, and the alcohol concentration of blood is very high) and unfavorable circumstances (four times due to drinking driving, and three times due to non-licenseless driving, even though they were subject to criminal punishment, the crime of this case is again committed under the influence of alcohol and non-licensed driving at the end of 40-50 days, and the fact that it was controlled by drinking and non-licensed driving at the end of 40-50 days, and the fact that the crime of this case was committed under the influence of alcohol and non-licensed driving at the end of 40-50 days. In order to prevent recidivism of the same or similar crime, it is deemed that strict control and control of the defendant's driving habits is necessary).