A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On February 26, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act by the Ulsan District Court, and on August 3, 2009, issued a summary order of KRW 3 million for the same crime, etc. by the same court, and on August 10, 2016, issued a summary order of KRW 7 million for the same crime by the same court.

On March 3, 2017, the Defendant driven a car with alcohol content of 0.148% under the influence of alcohol while under the influence of alcohol content of 0.148%, without obtaining a driver’s license, from the road near the new market located in the new market in the Nam-gu, Ulsan-gu, Ulsan-gu, one-dong, Ulsan-gu to the 60-ro, Ulsan-gu, Ulsan-do, Seoul-ro, to the road front of the 60-ro, Ulsan-gu, Ulsan-do.

Accordingly, the Defendant was punished not less than twice as a crime of violating the Road Traffic Act (drinking) without a driver's license, and driving the said car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. The driver's license ledger;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, reports on investigation (Attachment to existing punishment of a suspect) and statutes;

1. Article 148-2 (1) 1, Article 44 (1) (not less than three times of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 (referring to the part of favorable circumstances for sentencing as follows):

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act for providing community service or attending lectures: Confession and serious reflectivity;

1. Unfavorable circumstances: The fact that the blood alcohol content is significant, the majority of other previous convictions are significant, and the summary order of KRW 7 million is issued due to the driving of alcohol at least three times, and that the person commits the instant crime of driving alcohol without a license for multiple times, etc.