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 November 14, 2012, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Daegu District Court on the same day, and on January 8, 2015, the same court issued a summary order of KRW 5,00,000 to a fine for a violation of the Road Traffic Act.

[2] Notwithstanding the fact that the Defendant had been punished twice or more due to drinking driving, the Defendant driven BM5 car at the section of approximately 1.5 km from the road front of the market site located in the north-gu in the same Dong on August 9, 2017, while under the influence of alcohol of 0.162% of alcohol during blood without obtaining a driver’s license on August 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a copy of a summary order issued under the influence of drinking driving);

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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;