A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date the above judgment becomes final.

Punishment of the crime

On August 11, 2010, the Defendant received a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) from the Busan District Court’s Busan District Court’s Branch, and on June 10, 2014, a summary order of five million won or more due to the same offense, etc. from the Seoul Southern District Court’s Seoul Southern District Court.

At around 22:50 on February 7, 2015, the Defendant, without obtaining a driver’s license, driven a Cone Star Cargo in the state of under the influence of alcohol concentration of about 100 meters from the roads of Jung-gu, Seocheon-gu, Seoul Special Metropolitan City to the roads of 297 Jung-gu, Jung-gu, Seoul Special Metropolitan City, to the roads of the same Gu-ro, 262.20 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, the report on the state of the driving under influence, the driver's license register, and investigation report;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (former and summary orders attached thereto);

1. Relevant Act of the crime: Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of sound driving) concerning the crime, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the point of without a license for driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) requires a strict punishment in that a person driving under the influence of alcohol or without a license, even though the criminal defendant had been punished for driving under the influence of alcohol, has a high level of alcohol again. However, considering that the criminal defendant reflects his/her mistake and has no record of being punished

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;