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

[criminal history] On May 25, 2007, the Defendant received a summary order of KRW 700,000,000 from the Changwon District Court as a crime of violating the Road Traffic Act (drinking driving), and on August 3, 2009, as a fine of KRW 700,000,000,000 from the Changwon District Court as a crime of violating the Road Traffic Act (drinking driving). On September 9, 2016, the Defendant was sentenced to a fine of KRW 9 million by the Changwon District Court as a crime of violating the Road Traffic Act (drinking driving).

[2] On July 20, 2017, at around 00:05, the Defendant driven a Crane car under the influence of alcohol concentration of 0.159% without obtaining a driver’s license from a distance of about 100 meters before making soup, even before a sobrying of a long-breadthed water in front of an apartment building located in the same Dong on the front of the apartment.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply letter to inquiry, such as criminal history, (A), investigation report (formers and confirmation reports);

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 reason for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend lectures was that the Defendant had been punished four times due to drinking, and twice due to driving without a license.

In addition, the defendant was tried by the Changwon District Court on June 8, 2016 due to the criminal facts that he/she had driven a separate drinking, and at that time the defendant sold the vehicle driving and again did not drive a drinking.