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

[criminal history] On December 17, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Busan District Court, and a summary order of KRW 5 million for the same crime at the same court on November 5, 2015.

[Criminal facts] On November 25, 2017, the Defendant driven a Cknife car at approximately 2 km from the vicinity of the dwelling area in Busan Dong-dong to the front of the 2km-dong, Busan, under the influence of 0.068% alcohol during blood without obtaining a driver’s license around 05:05 on November 25, 2017, from the vicinity of the dwelling area in Busan Dong-dong to the front of the 2km-dong, Busan.

Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative report, statement report on the situation of a driver driving, report on the situation of a driver driving without a license, and inquiry into the results of regulating drinking driving;

1. A previous conviction: Application of three copies of a reply to inquiry, such as criminal history, report on investigation (verification, etc. of criminal history), and summary order;

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. Reduction of a small amount of punishment under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflective facts, and absence of criminal records exceeding fines);

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant has already been punished for a fine due to drinking driving three times, but the defendant's driving of drinking is disadvantageous to the defendant.

However, the circumstances favorable to the defendant, such as the confession of the defendant to commit a crime and his/her mistake is divided, and the age, sex, environment, motive and circumstances of the crime, and the crime.