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

[2] On February 2, 2016, the Defendant was sentenced to a summary order of KRW 2,50,000,000 to a fine for a violation of the Road Traffic Act (non-licensed driving) at the Busan District Court on July 8, 2015, to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court on October 14, 2013, and a fine of KRW 2 million due to a violation of the Road Traffic Act (non-licensed driving) at the Changwon District Court on August 16, 201, respectively.

[2] On December 22, 2016, around 03:15, the Defendant driven a B-car without a driver’s license, while under the influence of alcohol leveling about about about 10km from the front side of the Geumdong-gu Busan Fridong Hospital to the front side of the Gupool franchise in the North-gu Dongpo-dong.

As such, the Defendant, who violated the prohibition of drinking at least twice, driven a motor vehicle while under the influence of alcohol without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Inquiries into the ledger of driver's licenses (A);

1. Records of the judgment: Investigation report (verification of the same kind of force), - Four copies of summary order, inquiry about criminal history (A) and the application of the statute;

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. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in the defendant's four-time criminal records of driving alcohol and two-time criminal records of driving without a license. In particular, the defendant has been repeatedly punished as stated in the record of the crime in 2011, but the defendant committed the crime of this case without any reflectivity, the degree of principal practice is relatively heavy, and the defendant reflects the depth of the crime.