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 history] On May 9, 2014, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) on November 3, 2015.

[2] On April 23, 2017, the Defendant: (a) driven B-low-water vehicle under the influence of alcohol with about 0.085% alcohol concentration in blood without obtaining a driver’s license from about 1km section from around 305-35, Seo-gu, Daegu-gu, Seo-gu, to the horizontal street front road located in the same Dong-dong; and (b) the Defendant driven B-low-water vehicle with about 0.085% alcohol concentration in blood.

Accordingly, the defendant, who violated the prohibition of drinking at least 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. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) and the choice of imprisonment, respectively;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. Orders to observe protection and attend lectures, and orders to provide community service under Article 62-2 of the Criminal Act;