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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On November 6, 2015, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Busan District Court on November 6, 2015, and a fine of two million won for a crime of violating the Road Traffic Act at the Busan District Court's branch on September 26, 2016.

On May 21, 2017, at around 04:40, the Defendant stated that the charge of blood alcohol concentration of about 0.073% is “0.07%” without obtaining a driver’s license from the front side of the entrance of the tunnel 2 tunnel, which is located in the Busan East-gu, Busan, for about 04:40, to the front side of the tunnel 1km section, but it appears that 0.073% is erroneous.

As he is under the influence of alcohol, B Costa Bosch Rexroth was driven.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a copy of the previous summary order);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Defendant, for the reason of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, committed again the instant crime even though he had been sentenced to a fine two times, taking into account the favorable circumstances, such as: (a) the Defendant was driving under a license without permission; (b) the Defendant was in bad condition; (c) the degree of the instant drinking is not high; and (d) the Defendant has no record of criminal punishment exceeding the fine, and (c) the Defendant has no record of criminal punishment. It is