A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On January 13, 2015, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act (drinking) at the Busan District Court. On November 2, 2015, the Defendant was sentenced to a fine of 4 million won for the same crime.

[The facts of the crime] On August 29, 2016, the Defendant driven a BN-si car under the influence of alcohol concentration of 0.115% without obtaining a driver's license on a section of about 20km from the roads near Busan-dong Office located in Yangju-si to the roads of 54.5km located in Yangju-si, Seoul-si, to the government direction of the 20km-si, Seoul-dong Highway.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of the case, notice of the result of regulating drinking driving, and a statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment of driving the same kind of drinking alcohol);

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. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: Determination of a sentence that has high alcohol content during blood (0.115%) a person before and after drinking (2 times before and after drinking in a relatively recent 2015), a person who has not been subject to a fine, and a person who has not been subject to a fine: The defendant's age, sex, environment, motive for committing an offense, circumstances after committing an offense, etc.;