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

On March 9, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Busan District Court on October 9, 2007, a fine of one million won for the same crime in the same court on October 9, 2007, and a fine of five million won for the same crime in the same court on October 13, 2017, respectively.

On June 24, 2019, the Defendant, as a person who violated the regulations on the prohibition of drunk driving twice or more, driven a fenz car at approximately 200 meters away from the road front of the E restaurant located in Busan Shipping Daegu, while under the influence of alcohol at least 0.074% without obtaining a driver’s license, and driving the fenz car at a distance of about 200 meters in front of the restaurant located in D in Busan Shipping Daegu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Criminal records, inquiry reports, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes governing summary orders;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of 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 for discretionary mitigation;

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

1. The defendant of the reason for sentencing of Article 62-2 of the Criminal Act requires a choice of imprisonment in light of the fact that he/she has been punished several times due to drunk driving, even though he/she had a record of drinking driving.

However, in addition to the above circumstances, the fact that the defendant is against the defendant, the blood alcohol concentration is relatively low and the distance of drinking driving is short, the circumstances leading to the drinking driving in this case, the age, character, and environment of the defendant.