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

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

Punishment of the crime

On August 23, 2010, the Defendant issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of 5 million won for the same crime at the same court on July 23, 2015.

On May 26, 2017, the Defendant, without obtaining a driver's license of a motor vehicle around 23:32 on May 26, 2017, driven a Bknife motor vehicle from approximately seven meters to the sea water in front of the restaurant located in the same Dong and under the influence of alcohol of at least 0.058% of alcohol during blood.

Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver placed in the main place, inquiry into the results of crackdown on the driving of the main place, and the driver's license register

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and a copy of a 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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above circumstances);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;