A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 29, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on April 21, 2016, the Defendant was issued a summary order of KRW 5 million for the same crime at the same court.

On May 31, 2016, the Defendant, without obtaining a driver's license for a motor vehicle at around 20:00, driven Bhodo motor vehicle at the section of about 500 meters of trigrams in front of the trigram ecological park located in 686, Masscam-dong, Busan, in the shape of alcohol concentration of 0.272%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

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

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Not only has the record of criminal punishment three times due to the driving of a normal drinking disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act, but also the fact that the instant crime was committed without a driver's license in the situation of the last drinking driving day and the driving distance is very favorable to the fact that the driving distance is shorter than that of the same crime, and there is no criminal history exceeding the fine for the same crime. In addition, the punishment as the disposition is determined by comprehensively taking account of the Defendant's age, sex, environment, circumstances leading to the crime, and circumstances after the crime.