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 December 28, 2012, the Defendant was sentenced to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking) at the Jung-gu District Court on December 28, 2012. On February 6, 2014, the Defendant was sentenced to a fine of KRW 4 million for the same crime in the same court.

[The facts of the crime] On August 13, 2017, the Defendant driven a B rocketing car without a driver’s license, while under the influence of alcohol leveling 0.098%, from around 20:10 to around 297, the south-si, Namyang-si, Seoul, Seoul, with the same time frame on the roads adjacent to the YY YM, Nam-gu, Namnam-si, Seoul, Seoul, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and the driver's license register;

1. Previous convictions in judgment: 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 reasons for sentencing under Article 62-2 of the Criminal Act include three times before the driving of drinking alcohol, three times before the non-licensed driving, and three times before the non-licensed driving: Provided, That the reflection of the sex, and the absence of any previous conviction exceeding the fine; and