A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the above sentence shall be executed for a period of one year and six months from the date this judgment becomes final and conclusive.

Criminal facts

On April 19, 2017, the defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's Decision on April 28, 2017, and a fine of 4 million won for a violation of the Road Traffic Act at the Busan District Court's Branch's Decision on April 28, 2017, and was sentenced to a fine of 4 million won for a violation of the Road Traffic Act at least twice.

Nevertheless, at around 22:40 on May 28, 2017, the Defendant driven a motor vehicle with a alcohol content of at least 0.072% from the front side of the Busan East-gu hot spring road to the Geumdong-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-do-dong Do-dong

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting of a traffic accident (1) (2), reporting of detection of a driver at home, reporting of the circumstances of the driver at home, and the ledger of driver's licenses;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the previous convictions of each disposition and the results thereof, and applying Acts and subordinate statutes of each summary order;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

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

1. The fact that not only falls under the three-dimensional driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act, but also the defendant's non-licenseed driving. The defendant had the record of punishing the driving of drinking during one year 2017 and the driving of the instant drinking during the short term, repeating the driving of drinking within the short term. However, there is no other record of driving or non-licenseing driving other than the punishment for driving under the above 2, and there is only one-time sentence of fine due to other crimes of different type in the 2005, and there is no higher level of alcohol concentration among the blood of this case.