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

On December 26, 2016, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) from the Gwangju District Court's net support on December 26, 2016, and a summary order of KRW 2 million for the same crime in the same court on April 16, 2007, respectively.

On September 2, 2017, the Defendant, without obtaining a driver's license of a motor vehicle on September 23:36, 2017, driven B-low-scale motor vehicle under the influence of alcohol with a blood alcohol concentration of at least 0.063% from the 2km section from the hospital funeral parking lot to the same Si-dong in the same Si-si.

Accordingly, the Defendant, even though he violated the prohibition of driving under the influence of alcohol not less than twice, was driving without a license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

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. 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. The main sentence of Article 62 (1) of the Criminal Act;

1. There are no criminal records exceeding the Defendant’s reasons for sentencing under Article 62-2(1), Article 62-2(2) of the Criminal Act, Article 62-2(1), the main sentence of Article 62(2), and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Criminal Act; circumstances favorable to the Defendant, such as the recognition of and reflect against the Defendant’s crime; the Defendant has four criminal records due to driving of drinking (one time among them is applicable to driving without a license); and other unfavorable circumstances, such as the Defendant’s age, home environment, alcohol concentration in the Defendant’s blood at the time of the crime; the distance of driving without a license; and the interval between the previous conviction and the instant crime.