A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 13, 2011, the Defendant received a summary order of KRW 2.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million from the same court on February 5, 2018 to a fine for a violation of the Road Traffic Act.

On May 9, 2018, the Defendant, without obtaining a driver's license of a motor vehicle at around 07:25, driven a fluent vehicle B CC Ra in the section of approximately 815 kilometers from the roads near the sobry flasium where the Defendant was able to drive the fluent vehicle at around 0.166% of alcohol content in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is placed in driving, investigation report, notification of the results of crackdown on the driving of drinking, and inquiry into the results of crackdown on the driving of drinking;

1. The driver's license ledger;

1. Previous conviction in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of each summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, 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. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant committed the instant crime without being aware of the record of two times punishment due to drinking driving under Article 62-2 of the Criminal Act for the reason of sentencing of the order to provide community service and attend lectures.

In blood, alcohol concentration (0.166%) was considerably high, and it was a situation in which normal driving is impossible such as diving while driving on the road.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

There is no history that the defendant was punished in excess of a fine in the past.

In addition, the punishment shall be determined as per the order by comprehensively taking into account various sentencing conditions, such as the defendant's age, sexual conduct, background of the crime in this case, and circumstances after the crime.