A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Force of Crimes】 On March 21, 2013, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court to a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and on March 21, 2017, by the Incheon District Court to a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving).

【Criminal facts】 From Mar. 5, 2018 to Mar. 23:03, 2018, the Defendant driven BM vehicle under the influence of alcohol content of 0.101% while under the influence of alcohol without a vehicle driver’s license at a section of approximately 1km from the Gangseo-gu Seoul Metropolitan Government Mar. 5, 2018 to the front day of “KBS Sports World” (hereinafter “KBS Sports World”).

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports-related 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The circumstances are disadvantageous to the Defendant, such as the following: (a) the driving force of drinking alcohol twice during the relatively short period of sentencing under Article 62-2 of the Criminal Act; (b) the driving force of unlicensed driving force once; and (c) the fact that drinking was under the control of drinking, and the arrest was under the influence of drinking at the site.

However, there are favorable circumstances such as the fact that the drinking volume in the past was relatively low and that there is a certain occupation, and that social ties are maintained.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, occupation, and family environment, the defendant shall be sentenced to imprisonment with prison labor, and the defendant shall be subject to social service and the lecture of compliance driving.