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

On December 9, 2011, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking driving), etc. at the Changwon District Court, and on November 18, 2016, the Defendant was issued a summary order of KRW 2.5 million for the same crime at the Changwon District Court Msan Branch, which was sentenced to a summary order of KRW 2.5 million.

On August 26, 2017, around 23:40, the Defendant driven a cub car in B while under the influence of alcohol leveling 0.062% without a driver’s license at a section of approximately 1km from the public transportation parking lot for cargo of the Eup to the front road of the valley of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, and a report on investigation (Attachment to the judgement, etc.);

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. In light of the reasoning for sentencing under Article 62-2 of the Criminal Act and the fact that drinking without license and driving force without license can be denied, however, the fact that the crime is recognized and reflected, and the defendant's age, sex, environment, family relationship, motive for the crime, circumstances after the crime, etc. shall be determined by taking into account all of the sentencing factors specified in the arguments of this case, such as the defendant's age, sex, environment, family relationship, motive for the crime