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 Records of Crimes】 On November 15, 2016, the Defendant received a summary order of KRW 2,50,000 as a crime of violating Road Traffic Act (drinking) at the Seoul Northern District Court (Seoul Northern District Court) and a fine of KRW 1 million, and on September 18, 2017, the Defendant received a summary order of KRW 2,50,000 as a crime of violating Road Traffic Act (drinking) at the Seoul Northern District Court.

【Criminal facts” around 23:40 on July 18, 2018, the Defendant driven Csch Rexn Motor Vehicle while under the influence of alcohol content of about 0.172% while under the influence of alcohol without a driver’s license, from around about 2km to around 92, 216-ro, Seoul, Nowon-gu, Seoul, Seoul, to the same Gu’s Haak-dong, Seoul hot Spring Road.

As a result, the Defendant driven three times a motor vehicle under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

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 under Article 62-2 of the Criminal Code of the Social Service Order is that the defendant driving a vehicle with no driver's license in the state of detention at the level of revocation of driver's license.

The Defendant was punished by a fine for drinking driving, even before two years from the date of the instant crime, and one year prior to the date of the instant crime, but did not know, and committed the instant crime within a short period, and thus, the Defendant should choose imprisonment.

However, there are favorable circumstances such as the defendant's failure to cause particular traffic accidents due to the driving of the instant case, the fact that his mistake is divided and reflected, and that the defendant's sale of the vehicle driven by the Defendant did not repeat again.