A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On August 25, 2015, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) at the Changwon District Court's Yongsan Branch on August 25, 2015. On April 17, 2013, the Defendant was sentenced to a suspended sentence of 7 million won or more for a violation of Article 44 (1) of the Road Traffic Act, such as a person who was sentenced to a fine of 7 million won or more for a violation of the Road Traffic Act (non-licenseed driving) in the same court.

[2] On December 11, 2016, the Defendant driven Cworka car under the influence of alcohol with approximately 0.107% alcohol concentration while under the influence of alcohol without obtaining a driver’s license from the Do in front of the 11th neighborhood CU convenience store to the west apartment in the same Eup/Myeon from the Do in front of the 11th neighborhood CU convenience store in the Eup/Myeon.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, G, and H;

1. Inquiry into the results of the crackdown on driving alcohol and the statement in the circumstances of the driver at the driving (the defendant and his defense counsel asserted that the above evidence constitutes illegally collected evidence and thus it is inadmissible, but the following argument is without merit as seen in the column of "the defendant and his defense counsel's assertion

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, an investigation report (related to re-offending by a person who has served not less than twice a drinking driver), investigation report (the same records of the suspect and the facts of suspended execution) and 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. Determination as to the defendant and defense counsel's assertion of alternative imprisonment with labor

1. Since it was not known that the alleged defendant may refuse to accompany, it is not a legitimate voluntary accompanying, and it was measured under the influence of drinking, since it was not a legitimate accompanying, and it was conducted under the illegal arrest.