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] The Defendant was issued a summary order of KRW 700,000 by the Chuncheon District Court on November 10, 2009 to a fine of KRW 700,000 for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million by the same court on June 28, 2018 for the same crime.

[2] On July 9, 2018, around 07:35, the Defendant driven CM5 car under the influence of alcohol with approximately 0.119% alcohol concentration in blood without a vehicle driver’s license in the section of approximately 4.5km from the front of the Buddhist restaurant near the University of Chuncheon-si to the front of the Scheon-si, Chuncheon-ro 2771.m.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement statement report (A), inquiry into the results of crackdown on drinking driving (A), vehicle boom image image of the vehicle under consideration, and vehicle driver's license register (A);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (verification of drinking records at least twice);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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 Act on the protection and observation and the order to attend a lecture is as follows: (a) the Defendant was subject to a high-amount fine even in May 2018, and thus, was driving the instant drinking without the driver’s license; (b) the Defendant’s blood alcohol concentration at the time of driving the instant drinking; (c) the Defendant was a high level of alcohol concentration during the blood transfusion in 2009 and at the time of driving the said drinking; and (d) the Defendant committed a traffic accident at the time of committing the instant crime.