A defendant shall be punished by imprisonment with prison labor for up to six 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 November 12, 2010, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act, and KRW 7 million as a fine in the same court on December 22, 2014, respectively.

Although the Defendant had been punished twice or more as above, on July 29, 2015, around 23:55, the Defendant driven B-ben motor vehicle with a blood alcohol concentration of 0.108% under the influence of alcohol without a vehicle driver’s license on the front of the Goyang-dong, Young-dong, Young-dong, Young-gu, Busan High School.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports (former records, summary orders, and court rulings) and Acts and subordinate 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 a record of having been punished several times for the same crime, repeated the instant drinking driving.

The distance of the defendant's driving is not far away, and the attitude of recognizing the crime of this case seems to be contradictory.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.