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] Violation of the Road Traffic Act (Retoxicated Driving in 2016): Violation of the Road Traffic Act (Retoxicing Driving in 2017): Fine of 400,000 won for the suspension of indictment / [criminal fact] Defendant is under the influence of 0.184% of alcohol level during blood transfusion without a driver’s license, and around June 14, 2018, the Defendant driven D SM5 vehicle from a distance equivalent to about 2 km to the front of the yellow basin in the same Dong from June 14, 2018, under the influence of alcohol level of 0.184%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history;

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

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. Sentence of Article 62-2 (1) of the Criminal Act: Imprisonment with prison labor for three years: One year/ suspended sentence; two years; 40 hours during a course and grounds for increase of 80 hours for community service: A high blood alcohol concentration; the occurrence of a traffic accident due to alcohol driving, etc.: Confession, etc.;