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 October 11, 2004, the Defendant received a summary order of KRW 1.2 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 1.0 million for a crime of violating the Road Traffic Act (drinking without a license) from the Cheongju District Court on June 30, 2005, and 6 months for a violation of the Road Traffic Act (drinking driving) from the Southern Branch of the Gwangju District Court on April 22, 2008, from the Southern Branch of the Gwangju District Court on August 19, 201 to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking of drinking), and from the Southern Branch of the Gwangju District Court on June 8, 2016 to a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking on June 8, 2016).

[2] On March 3, 2018, the Defendant driven a motor vehicle with CF knife at a section of about 200 meters from the front day of the gas station in Yando-gun, Yando-Eup to the front day of the same Eup, under the influence of alcohol with 0.053% of alcohol during blood, without obtaining a driver’s license for a motor vehicle on March 3, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry of the results of crackdown on driving under drinking, and statement of the circumstances of the driver under driving under drinking;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of a reply to inquiry, copy of the judgment, and copy of the summary order, such as criminal history;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant, while having been punished several times due to drinking and driving without a license, was driving under the influence of alcohol without being among the persons.

Although the defendant should be punished strictly, the fact that the defendant reflects his mistake and does not repeat the crime, and the alcohol concentration in blood is relatively low at the time of committing the crime.