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 September 17, 2010, the Defendant was sentenced to a fine of KRW 700,000 to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 4.5 million to a fine at the Gwangju District Court on November 10, 201, respectively. On February 13, 2013, the Defendant was sentenced to a fine of KRW 7 million due to a violation of the Road Traffic Act (drinking driving) at the Gwangju District Court on February 13, 2013.

[2] On September 21, 2018, the Defendant driven a cub car in B from around 1km to around 216, 2016, in a state of under the influence of alcohol 0.140% in blood without a vehicle driver’s license, on the front of a restaurant in the vicinity of the Seoul Mine-gu, Gwangju Mine-gu, where trade name cannot be known, to which he/she is around 0.140% in alcohol level, without a vehicle driver’s license.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, once again, driven a motor vehicle while under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act, while driving the motor vehicle without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger (No. 10 No. Serial of evidence list);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous convictions and judgment);

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. An order to attend a course of punishment under Article 62-2 of the Criminal Act shall be imposed by selecting imprisonment with prison labor for the reason of sentencing, taking into consideration the defendant's records of drinking or driving without a license, the details of crackdown, etc. (the crime of this case committed by

In addition, the alcohol concentration in blood, the circumstances leading up to the driving without a license for drinking, the distance and place of driving without a license for drinking, and the defendant.