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

【The Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daegu District Court on August 2, 2010. On November 19, 2012, the Defendant was issued a summary order of KRW 4 million for the same crime in the same court on November 19, 2012. On February 16, 2016, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court on June, 2016, and the said judgment became final and conclusive on February 24, 2016.

【Criminal fact-finding on August 5, 2017, the Defendant driven Boper-on vehicle at a section of about 1 km from the street in front of the influent restaurant located in Seogu Seo-gu to the compensation for the 369 scattering distance from the Daegu Seo-gu government bonds, while under the influence of alcohol level of 0.093% in blood without a vehicle driver’s license.

As a result, the defendant has violated the prohibition on drinking at least twice, and has driven again under the influence of drinking or without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of the driver in charge, and inquiry into the results of crackdown on the driving of a vehicle;

1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and a report on investigation (the confirmation of such previous convictions and attachment of judgment) shall apply to 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 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant is against the time of committing the instant crime; the circumstances unfavorable to the occurrence of a traffic accident due to the instant crime: the defendant committed the instant crime even three times with the same criminal history; the defendant committed the instant crime during the suspension of execution under the condition that a driver's license was revoked due to drinking driving; and the defendant committed the instant crime during the suspension of execution.