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 September 9, 2009, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on August 5, 2015, the Defendant was issued a summary order of KRW 2.5 million for the same crime, etc. at the same court.

On February 28, 2016, under the influence of alcohol content of 0.109% in blood without a driver's license, the Defendant driven Bsch Rex driver's vehicle volume at the section of about 200 meters at the entrance fee for the entrance of the “bred-sea tunnel” located in the Gandong-gu, Busan.

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. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to the investigation report (a report on confirmation of the same kind of power);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. In addition, there is no record of criminal punishment exceeding a fine since March 1996, the driving distance is against the fact that there is no record of criminal punishment exceeding a fine, considering the defendant's age, sex behavior, environment, circumstances leading to the crime, and circumstances after the crime, etc., as a whole, two times due to the driving of normal drinking disadvantageous to the reason for sentencing under Article 62-2 of the Criminal Act, and one time due to the driving of drinking and without a license, and the fact that the driving distance is recognized and against the fact that the crime of this case was committed in only four months from the date of the last criminal punishment.