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

On December 13, 2007, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of the Road Traffic Act at the Busan District Court, and on December 07, 2016, the Defendant was sentenced to a summary order of KRW 1.5 million due to a violation of the Road Traffic Act at the Ulsan District Court.

On October 15, 2017, the Defendant driven a B rocketing car owned by the Defendant under the influence of alcohol concentration of approximately 2.5 km up to 0.117% on the road in front of the water tank in the Hanyang-dong, Busan, which was located in the position of 66,00,00 from the office of Busan, through a 02:47,00,000.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Results of crackdown on driving under drinking;

1. The driver's license ledger;

1. Previous convictions: Application of written inquiries about criminal history and other 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 on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant should be punished strictly when considering the fact that the defendant was punished for the same kind of crime, and that his blood alcohol concentration is high.

However, in consideration of the fact that the above criminal records were about ten years, except for the criminal records of a fine imposed in 2016, the last sentence shall be sentenced to the defendant, and the defendant shall be sentenced as ordered.