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

[criminal power] On June 1, 2012, the Defendant received a summary order of KRW 4 million for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) from the Jeonju District Court’s support on March 6, 2015, and a summary order of KRW 5 million for the violation of the Road Traffic Act from the same support on March 6, 2015.

【Criminal Facts】

On July 15, 2016, the Defendant driven CM(SM) 7 automobiles under the influence of alcohol with approximately 300 meters alcohol concentration without obtaining a driver’s license from the front of the CU convenience store in the hydro-Eup, Seo-gu, Chungcheongnam-do, U.S. to the front of the cU convenience road in the same Dong and Dong from around 300 meters before the cU convenience road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of suspect power);

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. Article 62 (1) of the Criminal Act;

1. Taking into account the following factors: (a) the conditions of sentencing favorable to the Defendant, including the probation, Article 62-2 of the Social Service Order Act, the main sentence of Article 59(1) of the Act on Probation, etc., that the Defendant was committed at the time of and against the mistake of the Defendant; and (b) the Defendant was sentenced twice to a fine for the same kind of crime; and (c) the conditions of sentencing unfavorable to the Defendant, including the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime.