A defendant shall be punished by imprisonment for not more than ten 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 April 20, 2009, the Defendant was sentenced to a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Busan District Court on April 20, 200, and on August 1, 2016, the same court received a summary order of KRW 4 million as the same crime, and was punished twice due to drinking driving.

On November 25, 2018, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act twice or more, driven an EMW vehicle under the influence of alcohol of about 500 meters at a distance of about 00 meters from C to D’s front road located in Suwon-gu, Busan, Busan, without a driver’s license, while under the influence of alcohol of 0.132%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employer-employed driver and the circumstantial report of the employer-employed driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report on circumstances of driving without a license and the register of driver's licenses;

1. Inquiry into the enemy;

1. Previous records of judgment: Criminal records, etc. inquiry report, investigation report (Attachment of a summary statement of criminal records of driving under the same kind of drinking style of a suspect), and application of Acts and subordinate statutes of two copies of summary order;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act ( considered in favorable circumstances among the reasons for sentencing below);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is two times for drunk driving, and the defendant committed the crime of drinking and unlicensed driving in this case even though he had the history of punishment for one time for driving without a license. The blood alcohol concentration at the time of the crime of drinking driving in this case is relatively high, and the defendant commits the crime of violation of special law, even though he has long been punished other than the above punishment, it is two years of probation in October.