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 June 20, 2007, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Busan District Court, and on October 20, 2014, the same court received a summary order of five million won as a fine for a crime of violating the Road Traffic Act (driving), and on January 25, 2017, the same court received a summary order of five million won for a crime of violating the Road Traffic Act (driving), respectively.

On June 6, 2017, at around 06:35, the Defendant driven a Cing MK car under the influence of alcohol content of about 0.171% while under the influence of alcohol without obtaining a driver’s license from around 100 meters in a section of about 100 meters in the air condition of the same Gu air-conditioning 29, the air-conditioning passenger car located in the same Gu air-conditioning 100 meters.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Inquiries about the results of crackdown on drinking driving and notification of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, summary order, and application of the text of the judgment, such as criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to reduce the amount of punishment (i.e., that a defendant commits a misunderstanding in depth and that he/she will not repeat the crime in the future, and that he/she has no record of punishment heavier than a fine before, shall be considered);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. An order to attend a course under Article 62-2 of the Criminal Act;