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 April 9, 2007, the Defendant was 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 4 million won for the same crime at the same court on September 7, 2016, respectively.

On September 10, 2017, around 07:00, the Defendant driven a DK5 vehicle under the influence of alcohol content of about 0.078% while under the influence of alcohol without the driver’s license, from around 4km to the front of the forest road located in the same Gu forest road located in the same Gu forest zone.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, 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 mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures was punished three times by a fine for the crime of refusing to drive alcohol or to measure drinking, and the defendant was punished by a fine, and the crime of this case was committed again, and the purpose of the punishment was so difficult to achieve. However, the sentence is suspended only once, considering the defendant's age, sexual behavior, environment, motive and means of the crime, and consequence, the circumstances after the crime were committed, taking into account various sentencing conditions as shown in the argument of this case, including the following circumstances.