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 April 21, 2010, the Defendant was issued a summary order of KRW 2.5 million by the Jeju District Court for a violation of the Road Traffic Act (driving). On December 10, 2012, the Defendant was issued a summary order of KRW 7 million by the same court as the same crime.

[Criminal facts] On October 30, 2017, the Defendant driven Daba under the influence of alcohol content of about 0.077% in blood without a motor device license from around the front of the Bobag-ro in the Mabag-Eup, Sungpo-si, Sungpo-si, Sungpo-si to around 300 meters around the same time, from around 18:15, the Defendant driven Daba in the state of under the influence of alcohol content of about 0.07% without a motor device license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, on-site photographs of the accident, and on the report of a traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and summary order statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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. Even though the defendant's reasons for sentencing under Article 62-2 of the Criminal Act of the community service order and order to attend a lecture had a record of punishment four times due to drinking driving since 2002, the defendant's crime is not less light.

However, the Defendant’s final records of punishment for driving prior to drinking in the instant case are the 2012 year, and the Defendant’s failure to repeat the crime is against the crime.

The punishment shall be determined as ordered in consideration of all the circumstances that are conditions for sentencing, such as the defendant's age, environment, and circumstances after the crime.