A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On April 3, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on April 3, 2012, and on August 23, 2012, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

On the other hand, on March 17, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Seoul Northern District Court on March 17, 2016, and the said judgment became final and conclusive on March 25, 2016.

On February 3, 2016, the Defendant driven a cub vehicle on the road C without a driver's license in the remaining C while under the influence of alcohol content of 0.114 percent from blood around 21:48.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving under drinking, reporting on the situation of driving under driving without a license, and making inquiries into the ledger of driver's licenses;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances that are favorable to the determination of punishment as ordered by the order, considering the following circumstances, shall be recognized as committing the crime and the driving of drinking again is not possible, while reflecting the fact that the sentence is committed:

The circumstances unfavorable to the driving of drinking or non-licensed driving: The driving of drinking or non-licensed driving of drinking has a history of criminal punishment several times, and the driving of drinking in this case is not good to the quality of the crime even though the driver's license has been revoked due to the driving of drinking, and the driving of drinking and non-licensed driving in this case without being aware of the fact that the judgment of the court was judged as a crime of violating the Road Traffic Act, which became final and conclusive.