A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On December 8, 2006, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on December 8, 2006. On September 18, 2012, the Incheon District Court issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court on September 18, 2014. However, on September 2, 2018, the Defendant driven a sports truck at approximately 15km from the 15km section of the Dong-dong Highway, which is located on the front side of the new expressway of the Gangseo-gun, with a alcohol level of KRW 0.098% under the influence of alcohol among blood alcohol around September 2, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the record of being punished three times due to drinking driving, and the record of being punished due to driving without a license on May 2016 after the driver’s license was revoked on October 2012.

According to the defendant's statement made at the investigative agency that he had been driving without a license for drinking of this case in order to drink at the E-gu office before the control day and to go to the house on the next day, he was presumed to have been driving by himself even at the time of visiting the E-gu office of the preceding day, and the defendant is presumed to have been driving without any particular boundary.