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 June 26, 2012, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seo-gu District Court Branch Branch on the same day. On December 31, 2012, the same court issued a summary order of KRW 5 million for the same crime and a crime of violating the Road Traffic Act (drawing driving without a license) on two occasions, and there is more records of punishment for a violation of the Road Traffic Act (drawing driving) on three occasions.

[Criminal facts] On August 7, 2017, the Defendant driven BS 5 automobiles under the influence of alcohol content of 0.110% in blood while under the influence of alcohol without obtaining a driver's license from around 200 meters in a section of around 03:20 to the front road of the merchant Bosung apartment located in the Daegu-gu merchants' Dong-gu, Daegu-gu, Daegu-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a copy of a summary order);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road 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 reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had already been subject to criminal punishment for the same kind of crime over several occasions, the fact that the defendant committed each of the crimes of this case, drinking level is relatively high, and the defendant is against his intention to commit each of the crimes of this case, and there is no record of the crime exceeding the fine, and other circumstances shown in the arguments of this case.