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

On November 21, 2012, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Busan District Court, and was sentenced to a suspended sentence of two years for six months for a crime of violating the Road Traffic Act at the Ulsan District Court on March 26, 2015.

On April 6, 2017, the Defendant driven Cone Star Co., Ltd. under the influence of alcohol content of about 0.104% while under the influence of alcohol content at around 0.104%, without obtaining a driver’s license from the area near the South Korean elementary school located in Ulsan-gun, Ulsan-gun, Ulsan-gun, to the front road of the gas station located in the same 2nd of the Sinsan-gun, Chungcheongnam-do.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and drives a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal records of the same kind as the suspect);

1. Driving under the influence of alcohol at least three times under relevant Acts on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

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, such as an order to observe and attend a community service order or an order to attend a lecture: The point that confessions and reflects in depth;

1. Unfavorable circumstances: The fact that an accident was caused while driving a alcohol while drinking, the alcohol concentration in blood is significant, the continued punishment is not improved, etc.;