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 November 2, 2009, the Defendant issued a summary order of KRW 1,50,000 by the Changwon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 3,50,000 as a fine by the same court on November 13, 205.

On March 15, 2017, the Defendant was under the influence of alcohol content of 0.214% in blood without obtaining a driver's license for a motor vehicle on March 21, 2017, and was driving a motor vehicle B in the direction of approximately 500 meters from the road in front of the international new city located in Gangseo-gu Busan Metropolitan City to the name signal located in the same Dong.

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. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The ledger of permission to drive motor vehicles;

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

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the circumstances that there was a record of being punished twice due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, and that the Defendant committed the instant crime under his/her influence without permission, and that the amount of alcohol content in his/her blood relative is very high to 0.214%, the Defendant’s recognition of and reflects the instant crime, and that there was no record of punishment exceeding the fine, shall be considered as a favorable condition to the Defendant.

In addition, various sentencing conditions that are shown in the records and arguments, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.