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 history] On February 28, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Jeju District Court. On February 27, 2013, the Defendant was issued a summary order of KRW 4 million for the same crime at the same court.

[Criminal facts] On June 28, 2018, the Defendant driven B-wing vehicles with approximately 300 meters alcohol concentration from the front of the “C-Woo-ro Post Office” located in Chocheon-gu, Chocheon-gu, Jeju without a driver’s license, to the front of the “Woo-ro Office” located in the Do-ro 23, Seocheon-gu, Seocheon-gu, Jeju-si, Seoul, to the front of the “Woo-gu Office” located in the same Eup/Myeon-ro 480, the Defendant driven B-wing vehicles with approximately 0.052% alcohol concentration while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of non-license or detection of drinking alcohol;

1. Fact-finding reports on drivers of drinking alcohol, and inquiry into the results of crackdown on drinking alcohol (round June 28, 2018);

1. The driver's license ledger;

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 (Attachment to previous judgments);

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's reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant has been subject to four times or more due to drinking or non-licensed driving since 2004, and the crime of repeating the crime is not weak.

However, the Defendant’s final records of punishment for driving prior to drinking in the instant case are about 2013, and the Defendant’s failure to repeat the crime is against the crime.

The sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, shall be determined by taking into account the fact that the blood alcohol concentration was not high at the time of the crime, and all other circumstances that are conditions for sentencing, such as the defendant's age, environment, and circumstances after the crime.