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.

Punishment of the crime

On November 4, 2009, the defendant was sentenced to a fine of one million won for the crime of the Road Traffic Act (driving) at the Busan District Court on November 4, 2009, and on June 24, 2014, the same court was sentenced to a fine of two million won for the crime of the Road Traffic Act (driving) and has six times the same kind of drinking driving and without a license.

On April 20, 2015, at around 18:45, the Defendant driven a B body-man car with approximately 10 meters alcohol concentration 0.125% under the influence of alcohol without obtaining a driver’s license from the front of a mutually influent restaurant located in the Soksan-gu Busan Metropolitan City to the front of the Soksan-do road located in the same Dong around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Details of disposition for cancellation of driver's license and the register of driver's licenses;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (report accompanied by a summary order);

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal circumstances, such as confession of the accused, the fact that the accused does not have any criminal record exceeding the fine due to the same kind of crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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