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

[criminal history] On December 21, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and on August 9, 2012, the Defendant was sentenced to a fine of KRW 3 million for the same crime in the same court on August 9, 2012, and on September 3, 2015, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court on September 3, 2015, and was sentenced to a suspended sentence of two or more times for a crime of violating the Road Traffic Act (driving).

[Criminal facts] On October 8, 2017, the Defendant: (a) moved to B while under the influence of alcohol content of about 0.169% from the 5km section to the front road of the gas station in the new town located in the new town in the same city where he was aware of, without obtaining a driver’s license for a motor vehicle on October 8, 2017; and (b) driven HG motor vehicle in the state of under the influence of alcohol content of about 0.169%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving;

1. Report on the circumstances of driving without a license;

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

1. The driver's license ledger;

1. Previous convictions: References to inquiries, application of investigation reports (report on confirmation of the same criminal suspect's records)-related Acts 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 (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Order: The fact that there are the records of suspended sentence of imprisonment, the fact that there are several punishments due to the same kind of crime, and the fact that the numerical value of the drinking of this case is extremely high: The confession, reflectivity, and the fact that the punishment should not be followed later: The sentence such as the defendant's age, family relation, criminal history, etc. is sentenced: One year of suspended sentence, three years of imprisonment, order of observation of protection, and order of community service or higher.