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 July 5, 2007, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Jeonju District Court's Jeonju branch court's order on July 5, 2007. On September 30, 2008, the same court issued a summary order of KRW 2.5 million for the crime of violation of the Road Traffic Act. On April 17, 2015, the same court issued a summary order of KRW 7 million for the crime of violation of the Road Traffic Act.

At around 23:00 on July 14, 2016, the Defendant driven an EM5 vehicle under the influence of alcohol content of 0.139% without obtaining a driver’s license in approximately 200 meters from the front day of the Defendant’s house located in Gowon-gun, Gowon-gun, and the front day of the high school located in the same Ri from the front day of the Defendant’s house located in Gowon-gun, Gowon-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the current state of a drinking driver, and a detailed statement on the use of a drinking measuring instrument;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report criminal records, etc., investigation reports, and criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the fact that a person commits an error, the fact that a person operates a compliance, and the fact that there is no criminal record exceeding the fine);

1. Probation, Article 62-2 of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;