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] The defendant has a record of being notified of a summary order of KRW 6 million in the same court on December 16, 2015 due to a crime of violating road traffic law (drinking) in the support of the Daejeon District Court on May 27, 2009, a fine of KRW 1.5 million, a crime of violating road traffic law (drinking) in the same court on November 9, 2009, and a crime of violating road traffic law (drinking) in the same court on December 16, 2015.

[2] Although Defendant 1 had been punished twice or more due to the crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven B-low-income cars at the 10km section from September 4, 2018 to the front road of the 10km-dong, 0.161% under the influence of alcohol while under the influence of around September 4, 2018, without a driver’s license of a motor vehicle around 02:16.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of a person who violates the Traffic Act on roads;

1. On-site photographs and related photographs;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, a criminal investigation report (Attachment to a summary order against a suspect), a copy of each summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has already been punished for drinking or non-licensed driving on five occasions, and the defendant has no record of criminal punishment heavier than the fine due to the same crime.