A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On February 15, 2008, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking), and on October 7, 2010, the Defendant received a summary order of KRW 2.5 million due to a violation of the Road Traffic Act (drinking), and on August 3, 2012, the same court issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (dacting). On August 3, 2012, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (dacting). On May 28, 2018, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (dacting).

[2] On August 24, 2018, Defendant 1 driven a DF LF rocketing car under the influence of alcohol for about 300 meters at a distance of 0.154% without obtaining a driver’s license from the 300-meter radius from the roads adjacent to the Gancheon-si bus terminal located in the Sincheon-si, Sincheon-si, Sincheon-si to the roads prior to the Yancheon-si District Court in the same Dong, Sincheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions: References to inquiries, such as criminal history, reports on the results of confirmation of the previous convictions of the disposition, and application of Acts and subordinate statutes to investigation reports (Attachment to the same criminal records);

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. The Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, repeated the instant drinking driving even though he/she had been prior to drinking, despite the observation of protection and the order to provide community service and attend lectures.

However, taking into account the following factors: (a) the violation of the instant crime; (b) the formation of the gold farm every day, and the parallel treatment, etc. of the gold farm; and (c) the conditions of sentencing prescribed in Article 51 of the Criminal Act.