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.

Criminal facts

On September 24, 2008, the Defendant was sentenced to a fine of KRW 2 million for a violation of road traffic law (drinking driving) in the Changwon District Court's smuggling support on September 24, 2008, and a fine of KRW 2.5 million for the same crime in the same court on July 15, 2016, and was punished twice due to drinking.

On October 6, 2016, at around 08:00, the Defendant driven B and C cargo vehicles under the influence of alcohol content of about 0.244% while under the influence of alcohol without the driver’s license from a section of approximately 3 kilometers from the front day of the restaurant for the Mean Doban in Songyang-si, Tayang-gu, Tayang-si, Masan to a road near the terminal for the treatment of sewage located in the same Eup/Myeonol-ri located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the detection of a non-licensed driver, report on the detection of a driver without a license, report on the circumstances of a driver with a driver with a license, report on the circumstances of a driver with a driver with a license, photographs related to detection of suspects, and

1. Investigation report (a written statement accompanied by a police officer voluntarily);

1. Previous convictions in judgment: Application of inquiry letter, investigation report (suspects, previous convictions and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of sentence of alternative imprisonment [the sentence of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 1995, a fine for a crime of violation of the Road Traffic Act in 2005, a fine for a crime of violation of the Road Traffic Act in 2008, a crime of violation of the Road Traffic Act in 2016, despite the past record of each sentenced to a fine for a crime of violation of the Road Traffic Act in 2016, the crime of this case was committed, and the degree of alcohol concentration in blood is high, etc.];

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;