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 January 30, 2012, the Defendant received a summary order of KRW 1.5 million from the Daejeon District Court Branch of the Daejeon District Court to a fine of KRW 1.5 million due to a violation of road traffic laws (driving), KRW 2 million due to a violation of road traffic laws (driving), and on January 15, 2016, the same court issued a summary order of KRW 3 million by the same court as on February 5, 2016.

[2] Although Defendant 1 had been subject to criminal punishment twice or more for the crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven a C rocketing car at approximately 3.5 km distance from the 72rd side of the Sinan-gu, Seoan-gu, Seoan-gu, Seoan-gu to the 317rd side of the Sinan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si, under the influence of alcohol at around 04:40 on September 6, 2018, without a driver’s license, while under the influence of alcohol at least 0.084% of the alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

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

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (Attachment of the previous summary order) and application of each of the Acts and subordinate statutes of the summary order to be attached;

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 grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures have already been punished for drinking alcohol driving over several times, and again, the crime of this case is committed. However, the defendant's mistake is contrary to the recognition of the defendant's mistake, there is no record of criminal punishment heavier than the fine, and the defendant's age, sex, motive and means of the crime, circumstances after the crime, etc. are considered as a whole.