A defendant shall be punished by imprisonment for not more than ten 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 February 21, 2007, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act in the Busan District Court on February 21, 2007, and a fine of three million won due to a violation of the Road Traffic Act in the same court on May 13, 2009, and on February 10, 2010, the Defendant violated the provisions concerning the prohibition of driving under the influence of the Road Traffic Act on at least two occasions, such as the suspension of the execution of the sentence of two years due to a violation of the Road Traffic Act (driving).

On May 23, 2016, under the influence of alcohol content of 0.155% in blood without obtaining a driver's license on May 23, 2016, the Defendant driven approximately 150 meters G straw G strawing car from the day before the D hotel located in Busan Metropolitan Government C to the front of the F in E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to the same previous convictions);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 (see, e.g., Supreme Court Decision 2009Da1449

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Part concerning the observation of protection and the dismissal of prosecution of the community service order under Article 62-2 of the Criminal Act;

1. On May 23, 2016, at around 02:40, the Defendant demanded the victim I (56 years old) who is an agent to drive a G rocketing car in the influence of alcohol on the alleyway near H building in Busan, Busan, to the Busan Dongdong-dong. However, on the ground that the victim was mistakenly aware of the head of the Dong-dong and proceeded in another direction, the Defendant saw the victim to go in the direction of the other direction, “I am going to go to the flab head of the flab, where the head of the flab flab.”