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 September 29, 2006, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of road traffic law at the Suwon Franchising Board. On January 7, 2014, the Defendant was sentenced to a fine of KRW 5 million for a violation of road traffic law at the Gangseo branch of the Chuncheon District Court. On March 8, 2017, the Defendant was sentenced to a fine of KRW 5 million due to a violation of road traffic law (driving), etc. at the Gangseo branch of the Chuncheon District Court.

[Criminal facts] On August 6, 2018, the Defendant driven an EM3 vehicle under the influence of alcohol level of 0.124% while under the influence of alcohol level of 0.124% without obtaining a driver’s license from the front of convenience store C located in Thai City B to the front of D in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. On-site photographs;

1. The driver's license ledger;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous decisions, etc.), summary order, and text 2 of the judgment;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include unfavorable circumstances such as the fact that the defendant has been punished for the same kind of crime, the defendant's recognition of each of the crimes of this case, favorable circumstances such as the fact that the defendant has no record of punishment exceeding the fine, and other factors of sentencing indicated in the records of this case, such as character and behavior, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc., shall be determined as ordered.