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 Records of Crimes】 On April 22, 2013, the Defendant received a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Incheon District Court on April 22, 2013, and on April 11, 2016, a summary order of a fine of three million won for a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s Tong Branch Branch, and on February 1, 2016, and was punished for driving under drinking at least twice.

【Criminal Fact-finding on January 21, 2018, the Defendant driven a B rocketing car under the influence of alcohol content of 0.118% in alcohol without obtaining a driver’s license from the front of the gold village market located in the Geum-dong in the Geum-dong in the same Si-dong from the front of the Geum-dong in the same Si-dong from the 2km-dong to the front of the Samsan-dong in the same Si-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Three copies of inquiry about the result of regulating driving of drinking, and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);

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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again committed the instant crime despite the fact that the Defendant had been subject to two times punishment due to drinking alcohol; and (b) the fact that there are no circumstances to consider the Defendant’s circumstances leading to driving.

However, the defendant's mistake is contrary to recognizing his/her own mistake, and again he/she does not drive a drinking or non-licensed driving.

In light of the favorable circumstances, all kinds of sentencing shown in the arguments of this case, such as the defendant's age, sex, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.