A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On December 4, 2010, the Defendant was sentenced to six months of imprisonment and three years of suspended execution due to a violation of road traffic law at the Daegu District Court on December 4, 2010, and on February 6, 2013, the Defendant violated the duty of prohibition of driving under the influence of alcohol on at least two occasions by being sentenced to a fine of five million won due to a violation of road traffic law at the same court on February 6, 2013.

On February 11, 2017, the Defendant was under the influence of alcohol content of 0.108% in blood without obtaining a driver’s license for a motor vehicle on February 11, 2017, and was driving B AP motor vehicle at the 1km section of approximately 14-lane to the same Gu-gu road in front of the restaurant “influence,” located on the lux 110-ro Cheongsung-gu Cheongdong-gu 110.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger, etc.;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to the summary order of the relevant case) Act 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the observation of protection, order to provide community service and attend lectures, and observation of protection;

1. The scope of applicable sentences under law: One year to three years of imprisonment;

2. Determination of sentence: One year of imprisonment, three years of suspended sentence, three years of probation observation, community service, 80 hours and 40 hours in attendance [for favorable circumstances] on January 16, 2015, the two years of suspended sentence was sentenced to punishment for embezzlement on the ground of embezzlement on January 16, 2015. However, there was no past record of punishment heavier than a suspended sentence for the same kind of crime in the last five years, the police investigation conducted to make a confession of all crimes late, to reflect one’s mistake, and to not repeat again in the future (unfavorable circumstances).