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 7, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seo-gu District Court’s Branch Branch, and on October 28, 2013, issued a summary order of KRW 1.5 million for the same crime at the Daegu District Court’s Daegu District Court’s Branch, and on April 29, 2016, was sentenced to a fine of KRW 6 million for the same crime.

[2] On December 21, 2017, the Defendant: (a) driven a CGV car on the front side of the CGV located in the PGV in the Seogu Daegu-gu, Daegu-gu, Daegu-gu; (b) from the front side of the GGV located in the same Gu merchants’ Dong to the front side of the YVmama, the Defendant driven a Cub car in the B while under the influence of alcohol content of about 0.115% while under the influence of alcohol without a driver’s license.

As a result, the defendant was punished for two times or more due to drinking, and again was driving under the influence of drinking without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (former and confirmation), text of judgment, and summary order;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had had the record of criminal punishment for the same kind of crime over several occasions, has committed the crime of this case, drinking level is relatively high, and the defendant is against the time of the crime of this case, and there is no record of the crime exceeding the fine, and other circumstances shown in the argument of this case are considered.