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.

Criminal facts

On February 21, 2007, the defendant was sentenced to a summary order of one million won as a crime of violating the Road Traffic Act at the Busan District Court, on December 24, 2007, to a fine of one million won as a crime of violating the Road Traffic Act, at the Changwon District Court on December 24, 2007, respectively. On December 23, 2009, the defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (drinking) at the Changwon District Court on December 23, 2009. On January 19, 2016, the defendant was sentenced to a suspended sentence of two years for six months.

On March 15, 2018, at around 21:05, the Defendant: (a) turned down a car with alcohol level of about 0.124% while under the influence of alcohol at around 1m in the front parking lot in front of the Mail Park Park, the Defendant: (b) turned down a car without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 62-2(1) of the Criminal Act regarding community service and order to attend lectures is that the defendant repents and reflects his mistake in depth, and there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime.

On the other hand, the fact that the defendant has been punished for drinking or driving without a license even before is disadvantageous to the defendant.

In addition, the criminal means and results of the instant crime, including the operational distance, the circumstances after the crime, the defendant's age, sexual conduct, intelligence and environment;