A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Punishment of the crime

1. On July 27, 201, the Defendant was sentenced to a suspension of six-month imprisonment with labor for a crime of violating road traffic laws (drinking) at the Changwon District Court's Jinju branch on July 27, 201, and was sentenced to a suspension of the execution of six-month, and on September 22, 2017, the Defendant violated the provision on prohibition of driving under the influence of alcohol on at least two occasions by having been sentenced to a fine of five million

2. On July 18, 2018, the Defendant driven a D having a alcohol level of 0.062% while under the influence of alcohol level of 0.062% without a driver’s license, from the road front of the Defendant’s residence in Jinju-si, to the road front of CGB company located in Youngcheon-ro 12, Youngcheon-ro.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A previous conviction: The Defendant asserts that a reply to criminal history to a reply to an emergency evacuation claim is an emergency evacuation, since the Defendant, while suffering from urology, dynasium 2 residues in so far as dynasty dynasty dynasty dynasty dynasty and dynasty dynasty dynasty dynas

Article 22 (1) of the Criminal Code refers to an act of considerable reason to avoid the present danger to his or another person's legal interests. Here, "an act of considerable reason" is to constitute "an act of necessity", the act of necessity should be the only means to protect the legal interests in danger, the second way to inflict the largest damage on the victim. Third, the profit preserved by the act of necessity should be more superior to the profit infringed by it. Fourth, the act of necessity must be appropriate means in light of social ethics or the overall spirit of legal order (see Supreme Court Decision 2005Do9396, Apr. 13, 2006, etc.). In this case, the act of necessity to be appropriate means in light of social ethics or the overall spirit of legal order.