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

On February 21, 2007, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million from the Changwon District Court to a fine for the same crime on November 26, 2015, respectively.

On October 9, 2018, the Defendant had been punished for drinking driving more than twice as above, but around 09:16 on October 9, 2018, the Defendant driven B 2 cargo vehicle under the influence of alcohol level of 0.062% without a vehicle driver’s license at a section of about 10 meters, which is around 10 meters away from the road of a hot spring 3 box located at the master north-ro, Busan East-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, 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. On the grounds of sentencing in Article 62-2 of the Probation Criminal Act, considering the fact that the Defendant once was punished twice due to drunk driving again, even though he was under the influence of alcohol, and that his blood alcohol concentration is not high and his driving distance was short, the probation is ordered as a major sentencing factor, and since it is judged that the risk of recidivism is high.