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.

Criminal facts

[criminal power] On July 3, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on July 3, 2009, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the same court on July 19, 2012, five times all the same criminal records.

【Criminal Facts】

On July 6, 2016, at around 21:36, the Defendant driven B Pool with a blood alcohol level of 0.109% under the influence of alcohol level without obtaining a driver’s license from a section of about 300 meters in front of the gallonian Pool located in the Gapo-dong of Gyeongnam-si, Gyeongnam-si to the front road of the Gapool General Social Welfare Center located in the Gapo-dong of Gyeongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances and report on the detection of such a driver;

1. Notification of the result of regulating drinking driving;

1. The driver's license ledger;

1. Details of driver's license revocation;

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 punishment against the defendant is determined by taking account of the following factors: (a) the defendant’s blood alcohol concentration and distance, the details and distance of driving, the records of punishment for the same kind of crime, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant’s age, character and conduct, environment, and circumstances after the crime, etc. for the reason of sentencing under Article 62-2 of the Criminal Act; and (b) probation and order to attend lectures