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.

Punishment of the crime

[criminal history] On May 31, 2007, the Defendant was punished by a fine of KRW 700,000 for a violation of road traffic laws at the Ulsan District Court on October 29, 2012; a fine of KRW 1 million for the same crime at the Busan District Court on the same day; a fine of KRW 5 million for the same crime at the same court on June 17, 2015; and a fine of KRW 7 million for the same crime at the same court on October 4, 2016.

[2] Nevertheless, on November 18, 2016, at around 21:47, the Defendant driven a CMW car under the influence of alcohol content of 0.132% while under the influence of alcohol without obtaining a driver’s license from around 2 km section, up to the entry of the port of Busan at the port of Busan, which is located in the same Cheongdo-dong of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home, statement of alcohol during blood, and report on the detection of the driver at home;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Criminal records in the judgment: Application of inquiry letter, such as criminal history (A), investigation report (report on the same kind of force) Acts and subordinate statutes;

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. 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 on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include four times the criminal records as indicated in the judgment of the defendant, and there are three times the records of punishment for driving without a license, other than the fact that the defendant committed the crime of this case on October 4, 2016 when he was issued a summary order of a fine of KRW 7 million, and on the other hand, the defendant commits the crime of this case on the one-month basis. Meanwhile, the defendant reflects the crime, the circumstances leading up to the crime of this case, the fact that the defendant did not have any criminal records exceeding the fine, the age, character, and environment of the defendant, etc. are considered.