A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

On January 13, 2015, the Defendant was issued a summary order of KRW 10 million with a fine of KRW 10 million due to a violation of the Road Traffic Act at the Seoul Central District Court on January 13, 2015. On February 12, 2015, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act at the Suwon District Court on February 7, 2015. On August 7, 2015, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act.

1. On September 29, 2015, the Defendant: (a) driven a F Trate XG car without obtaining a driver’s license from the vicinity of the construction site of the Bupyeong apartment located in the Namyang-si, Namyang-si; (b) around about 20km from around the 13:0 on September 13:0, 2015 to the front roads of the Gyeonggi-si.

2. On September 29, 2015, the Defendant violated the Road Traffic Act (drinking) driving the said car at approximately 10 meters while under the influence of alcohol content 0.109% in blood at the house of G located in Pyeongtaek-gun E at around 17:40 on September 29, 2015.

As a result, the Defendant, who had a driving record of drinking more than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of G;

1. Report on the situation of driving and driving without obtaining a driver's license, report on the situation of the driver's driving, notification of the result of regulating the driving of drinking, output of the measuring instrument for drinking, and entry in the register of driver's licenses

1. Previous convictions in judgment: Application of statutes in which the defendant makes a legal statement, crimes committed by foreigners and criminal investigation records, inquiries about data about criminal records, summary orders, etc.;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the extent that the punishment is aggregated with the long-term punishment of two crimes above the punishment determined for a violation of Road Traffic Act with heavier punishment];

1. Article 62 of the Criminal Act: