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

[criminal power] On December 13, 2007, the Defendant was sentenced to a summary order of one million won or more for a violation of the Road Traffic Act (driving) at the Ansan District Court's Ansan Branch on December 13, 2007, and a summary order of three million won or more for the same crime at the Jung-gu District Court on July 19, 2012, and was punished twice or more for a violation of the Road Traffic Act (driving).

[2016 Highest 1396]

1. At around 11:20 on April 8, 2016, the Defendant driven Cone Star vehicle with a blood alcohol concentration of at least 0.086% while under the influence of alcohol, without obtaining a driver’s license in a section of about 500 meters from the vicinity of the shill station in the Southern-si, Chungcheongnam-si to the road of the same Eup to the 154th road in the Eup.

[2016 Height3258]

2. On August 9, 2016, at around 09:20, the Defendant, without a driver’s license for a motor vehicle on August 9, 2016, driven a vehicle of KRW 300 meters C Costasch Rexroth at approximately 300 meters, up to the 11st day of the 1.16-ro, 11st day of the same hour at the same time.

Summary of Evidence

[2016 Highest 1396]

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The driver's license ledger (2016 Highest 3258);

1. Defendant's legal statement;

1. Registers of driver's licenses (criminal records on the market);

1. Criminal records;

1. A report on investigation (attaching a written judgment);

1. Application of Acts and subordinate statutes to investigation reports (unauthorized disposition and report on results of confirmation);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;