A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On October 10, 201, the Defendant was issued a summary order of KRW 5 million by a fine of KRW 1 million for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court's Musan Branch on October 10, 201, and a fine of KRW 5 million by the same court on February 2, 2017.

Although the Defendant had had a power of driving under the influence of alcohol twice again, on May 12, 2017, the Defendant driven a cub car without a vehicle’s driver’s license at a distance of about 15 km from the ducro distance in the Changwon-si Yangdong, Changwon-si, Seoul, to the bus stops in the exporting bus stops in the same Dong, while under the influence of alcohol content of 0.120% during blood around 19:10 on May 12, 2017.

As a result, the Defendant, who had drinking more than twice, driven a motor vehicle without a driver’s license under the influence of alcohol.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Articles 46 (2) and 8 of the Guarantee of Automobile Compensation for Damages;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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