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 May 11, 2015, the Defendant was issued a summary order of KRW 5 million by the Changwon District Court for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed driving). On October 18, 2012, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act, such as a violation of Article 44(1) of the Road Traffic Act, by being sentenced to a suspended sentence of 2 years for 8 months at the Changwon District Court on August 18, 2012.

[Criminal facts] On October 13, 2016, the Defendant driven BM5 car under the influence of alcohol content 0.158% in blood without obtaining a driver’s license from the previous Do in front of the fish market in the Changwon-si, Changwon-si, Seoul Metropolitan City, to the front road in the Changwon-si, Seoul Metropolitan City, for about 1km-si, and without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Inquiries about the results of regulating the driving of alcohol, reporting on the circumstance of a driver without a license, reporting on the circumstances of the driver with a driver’s license;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the defendant, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

Unfavorable circumstances: nine times of punishment for the same kind of crime, and two times of punishment for the suspension of execution or two times of punishment, the crime of this case has been committed.

In 2005, the driver has been driving without obtaining the driver's license since the driver's license was revoked due to drinking.

The favorable circumstances: the crime of this case.