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] On August 19, 201, the Defendant received a summary order of KRW 2 million due to a violation of road traffic law (drinking) in the support of the Gwangju metropolitan District Court on August 19, 201. On November 26, 2015, the Defendant received a summary order of KRW 5 million due to a violation of road traffic law (drinking) from the Southern Branch of the Gwangju Gwangju District Court on November 26, 201.

[2] On June 7, 2018, the Defendant driven a B-wing truck under the influence of alcohol content of 0.088% while under the influence of alcohol without obtaining a driver’s license from around 1k meters at a distance of about 1k meters from the road of 186, Jin-gun, Jindo-gun, Chungcheongnam-gun, Seoul, to the road of 32, Jin-gun, Jin-gun, Chungcheongnam-gun, the Republic of Korea: (a) around 21:35, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the driver at home);

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

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

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 defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, driven a motor vehicle under the influence of alcohol without a driver's license even though he/she received a serious warning of the danger of drinking and driving without a driver's license through a fine of several times.

It is necessary to punish the defendant strictly.

On the other hand, however, the defendant is going against his mistake and not to repeat the crime.

There is no record that the defendant has been punished for a fine exceeding the fine due to the same crime.

In addition, the punishment shall be determined as ordered in consideration of all the sentencing reasons shown in the trial proceedings of this case, such as the age of the defendant, background of the crime, and circumstances after the crime.