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 October 10, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws in the Jeonju District Court’s Eup branch office, and a summary order of KRW 5 million for a crime of violating road traffic laws in the same court on August 24, 2018.

[Criminal facts] On September 2, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle at around 00:52, driven a motor vehicle with FMobage from about 10km to the 30-23rd road in the front of the Mobon restaurant located in the upper dong of the previous Eup/Myeon, in the condition of under the influence of alcohol by 0.09%.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act at least twice without a driver's license, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of any suspected incident, such as violation of traffic laws on roads;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. A report on internal investigation:

1. Report on the circumstances of driving without a license;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, reporting on the results of previous convictions in disposition, and applying Acts and subordinate statutes to investigation reports (Attachment to a copy of 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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code, such as the criminal records in the judgment of the defendant, has been punished for two times or more as stated in the judgment of the defendant, and it is not only from the time of receiving a summary order even though the driver's license was revoked due to drinking driving, and it is also driving under the condition that the alcohol concentration in the blood transfusion was not much higher than 0.09%.