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 record] On March 8, 2016, the Defendant was issued a summary order of KRW 2 million on June 30, 2016, on the grounds that he/she driven a vehicle while under the influence of alcohol with a maximum of 0.083% among blood, due to a crime of violating the Road Traffic Act (driving) in the Yeongdeungpo Branch of the Gwangju District Court on June 30, 2016, and that he/she driven a vehicle under the influence of alcohol with a maximum of 0.173% among blood on June 7, 2016, respectively, on September 9, 2016.

[2] On June 8, 2016, at around 13:43, the Defendant driven a e-freight at a distance of about 100 meters without obtaining a driver’s license, while under the influence of alcohol leveling 0.210% in front of the Dental health source located in Yong-gun C before his/her residence, on the road in front of his/her dwelling in Yong-gun B.

Accordingly, the defendant, who has driven a motor vehicle not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the results of crackdown on drinking driving, and a circumstantial report on the driver of drinking;

1. The driver's license ledger (A);

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, a report on investigation (verification of the same record as the suspect), a report on the results of confirmation of the previous convictions in disposition, a summary order, and application of statutes

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 reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, the Defendant committed the instant crime on June 7, 2016 on the following day, even though he/she was under control by driving under drinking and driving without a license only twice in the year 2016. The Defendant committed the instant crime at the time.