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

The Defendant, at the Daegu District Court on January 18, 2007, was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking), a fine of KRW 3 million for the same crime in the same court on October 20, 2008, and a fine of KRW 3 million for the same crime on December 18, 2008 in the same court on December 18, 2008, and a fine of KRW 5 million for the same crime in the same court on January 12, 2010, respectively.

On June 6, 2018, the Defendant, without a driver’s license, driven BST518 car at approximately 200 meters from the front day of the New Kitkin’s Gitco clubs located in Daegu Pung-dong, with a alcohol level of 0.160% in alcohol level without a driver’s license, from the front day of the new Kitkin’s YM518 car at approximately 200 meters away from the front day of the new Kitkin’s Daegu YY.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment, etc.);

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 sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under the grounds for sentencing under Article 62-2(1) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The fact that there is a possibility of being punished for the violation of the Road Traffic Act(drinking) and the violation of the Road Traffic Act(drawing) - the recognition and reflect of the crime, and the driving of drinking again will not be allowed.