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

[criminal power] On January 8, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on November 26, 2007, and a fine of KRW 4 million as a crime of violation of the Road Traffic Act (driving) at the Ulsan District Court’s branch on November 26, 2007, respectively, and on November 19, 2015, the Defendant was sentenced to a suspended sentence of one year for six months as a result of a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on November 27, 2015.

【Criminal Facts】

Although the Defendant had been punished on more than two occasions due to the violation of the Road Traffic Act (driving) as seen above, on February 20, 2016, the Defendant driven CNH car from the section of the section of the section of the section of the Road Traffic Act from approximately 50 to approximately 0.109% of 0.109% of blood alcohol level without obtaining a driver’s license on February 20, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: References to criminal records, investigation reports (judgments and summary orders) and the application of statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act is based on the following factors: (a) the Defendant’s blood alcohol concentration and distance; (b) the Defendant’s blood alcohol concentration and distance; and (c) the instant case was punished for the same kind of crime during the period of suspension of execution; (d) the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime; and (e) the Defendant’s punishment was determined by considering the sentencing conditions under Article 51 of the Criminal Act, including the Defendant’s age