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

[Criminal Power] On June 26, 2013, the Defendant issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act at the Busan District Court, and KRW 5 million as a crime of violation of the Road Traffic Act at the Busan District Court Seo branch on August 28, 2018.

【Criminal Facts】

On September 26, 2018, at around 23:20 on September 26, 2018, the Defendant driven a Clatera car under the influence of alcohol concentration of 0.220% without a driver’s license in the section of approximately one meter prior to the 1m of the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, the statement of the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been punished twice due to drinking driving, he/she was driving under drinking in the actual condition of drinking.

On the other hand, the distance from which the defendant was driving by regulating the vehicle from the start of the vehicle is very short, and the defendant commits a violation of the Road Traffic Act, and there is no record of punishment of imprisonment without prison labor or heavier punishment than imprisonment without prison labor, other than two times the decision that the crime of violation of the Road Traffic Act was committed, and the defendant's age, happiness and health environment, the circumstance of the crime of this case, and the circumstances after the crime, etc. shall be comprehensively considered in light of all the factors of sentencing