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 July 23, 2007, the Defendant received a summary order of KRW 1 million from the Gwangju District Court's Branch on July 2, 2013, KRW 4 million from the Gwangju District Court's Branch on July 2, 2013, and KRW 5 million from the Gwangju District Court's Branch on March 9, 2016.

On November 4, 2016, at around 23:24, the Defendant driven Bone Star Co., Ltd under the influence of alcohol content of about 0.181% while under the influence of alcohol, without obtaining a driver’s license, on a section of approximately 200 meters from the Do in front of the central market located in the city of Sugpo City to the front of the same route.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of a driver who is placed in driving, inquiry into the results of crackdown on drinking, the ledger of driver's licenses, and making an inquiry into the vehicle;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and of a report on investigation (verification of the same criminal records as the suspect);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol), subparagraph 1 of Article 152 and Article 43 of the Traffic Act applicable to the facts constituting an offense;

1. Formal concurrence and the choice of punishment under Articles 40 and 50 of the Criminal Act, the choice of punishment by imprisonment;

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 the grounds of protection observation, community service, and order to attend a lecture is that the driving of a blood while having a high alcohol level without a license is disadvantageous to the Defendant, as long as the person received a fine of five million won due to drinking driving in March 2016.

However, the punishment shall be determined as ordered in consideration of favorable circumstances, such as the fact that there is no history of punishment exceeding the above fine, and that the defendant repents the error.