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] Violation of the Road Traffic Act (Drinking 2013): A fine of KRW 3 million (Drinking 2016): A violation of the Road Traffic Act (Drinking 2016): A fine of KRW 2.5 million / [criminal fact] The Defendant was driving B Poter at the section of approximately 500 meters from the front of the future female hospital located in the window leading dong-dong of Changwon-si to the front road of the Dompare at the same level without a driver's license while under the influence of alcohol level of KRW 0.138%. Although there was a history of violating the provision on prohibition of drinking at least twice as in the above crime history, even though he/she had violated the provision on prohibition of drinking at least twice as in the above crime history, around April 20, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Imprisonment with prison labor chosen;

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

1. The former sentence of imprisonment with prison labor for one year: Imprisonment with prison labor for one year/ suspended sentence, two years/40 hours during a course and 80 hours for community service: High blood alcohol concentration, previous punishment records (=one fine for driving under the influence of alcohol twice before judgment), and other grounds for mitigation: confession, imprisonment without prison labor or heavier punishment, etc.;