A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On May 11, 2015, the Defendant received a summary order of a fine of KRW 5 million due to a violation of road traffic law (drinking) in support of Sungnam-gu Friwon, and on October 14, 2014, in addition to receiving a summary order of KRW 7 million due to the same crime from the same court on October 14, 2014, the Defendant also has the history of a violation of road traffic law (drinking) or a violation of road traffic law (licensed driving).

Although the Defendant violated the foregoing provision on prohibition of drinking driving twice or more, on November 5, 2015, at around 22:32, the Defendant driven a CNA-type car under the influence of alcohol content of 0.063% without obtaining a driver’s license, from the parking lot of “IT Venture Business” located in Songpa-gu Seoul, Songpa-gu, Seoul to approximately 10 meters from the parking lot of “IT venture business,” to the road of about 101 in front of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Making a statement on the circumstances of a driver driving a drinking, inquiry into the results of crackdown on drinking driving, and making an inquiry into the following matters;

1. Previous convictions in judgment: References to inquiries about criminal history data, application of investigation reports (formers and attachment to such judgments) and statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. Article 40 (Selection of Punishment of Imprisonment);

1. In light of the fact that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has already been punished seven times due to drinking driving, driving the same vehicle on September 29, 2014, and regulating the same vehicle by drinking only three times on March 10, 2015, such as drinking driving on the same day, etc., it is decided as per the disposition in consideration of all the sentencing conditions, including the fact that the defendant is against drinking, etc.