A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On April 1, 2015, around 00:41, the Defendant driven a BM5 vehicle under the influence of alcohol with approximately 200 meters alcohol concentration of 0.193% without a vehicle driver’s license from a section of approximately 200 meters from the day before the Lone Star, Dong-dong, Busan, to the front day of the restaurant “balked sea” in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol;

1. A circumstantial report on driving without a license (electronic document);

1. The circumstantial report of the driver involved in the drinking vessel;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is punished by imprisonment with prison labor at once in consideration of the fact that he/she was punished for drinking driving or driving without a license for the past several times in the past [limited to the period of the past ten years, the defendant is punished twice for drinking driving (a fine of 2.5 million won on August 28, 2006, a fine of 500,000 won on July 5, 2013), one time for driving without a license (a fine of 1.00,000 won on June 12, 2014), the nature of the crime is not good, and the degree of risk of recidivism is also high, and the degree of blood alcohol is also high, and the defendant is tried to repent and reflect his/her mistake, the distance of drinking driving seems not long, and the suspended sentence is imposed at once in consideration of the fact that he/she has been punished more favorable for the same kind of crime until now.

In addition, the circumstances of drinking driving, the defendant's age, character and conduct, environment, criminal records, motive, means and results of the crime, the circumstances after the crime, etc. are considered.