A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal power] On November 26, 2007, the Defendant was notified of a fine of KRW 1 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on November 26, 2007. On August 25, 2016, the Defendant was notified of a fine of KRW 1.5 million for the same crime in the same court.

【Criminal Facts】

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, driven a car at around 03:00 on November 16, 2018, under the influence of alcohol leveling 0.165%, without obtaining a driver’s license from the front side of the C entertainment tavern located in G, Gyeongnam Development-gun, and around 700 meters from the front side of the C entertainment tavern to D., and driving a car at around 0.165% under the influence of alcohol leveling.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, actual condition survey report (on-site photographs, the register of driver's licenses, and vehicle accident inquiry), notification on the results of crackdown on drinking driving, report on the circumstances of drinking drivers and report on investigation (report on the circumstances of drinking drivers);

1. Previous convictions indicated in judgment: Application of two copies of criminal records, investigation reports (verification of the same attached records), and summary order under two Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of each order to attend a lecture and each order to provide community service: The defendant, including his previous convictions, has been punished three times due to drinking and re-driving again; the alcohol level was very high; and the factors of sentencing favorable to the defendant, who committed an accident following the road by breaking the center line, while driving under the influence of alcohol: his mistake.