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

[criminal history] On March 13, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court and the Daegu District Court issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at October 26, 2016.

[2] On March 24, 2017, the Defendant driven BM3 motor vehicles under the influence of alcohol content of 0.118% in blood without a vehicle driver’s license on the section of approximately 500 meters from the roads in front of a mutually influent restaurant near the fourth four streets in the Seogu Seo-gu, Daegu-gu, Daegu-gu to the front day of the same winter-gu.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven a car without a driver's license while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving of alcohol, reports on the situation of the driver who takes driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other 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 an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) and the choice of imprisonment, respectively;

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

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

1. Although an order to observe and attend a lecture or an order to attend a community service order has been punished several times for the reason of sentencing under Article 62-2 of the Criminal Act, it is necessary to strictly punish the instant crime in that it again leads to the instant crime, but considering the fact that his mistake is divided and there is no criminal record for which the punishment exceeding the fine has been imposed.