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

On June 20, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (drinking driving), etc. at the Busan District Court on June 20, 2007, and was sentenced to a fine of 7 million won on May 6, 2013 by the Changwon District Court on May 6, 201, and was sentenced to a violation of Article 44(1) of the Road Traffic Act on more than two occasions.

On January 2, 2016, at around 15:05, the Defendant driven a e-mail vehicle B with alcohol leveling 0.121% while under the influence of alcohol leveling without obtaining a driver's license from around 5km in the direction of the apartment located in the Do in front of the city of Kimhae-si, and without obtaining a driver's license from around 5km.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again committed the instant crime under the same type of permission even though he/she was under the influence of having been sentenced to suspended sentence due to a violation of road traffic law (driving of alcohol) as indicated in the facts constituting the crime indicated in the judgment; and (b) the fact that the amount of alcohol concentration in the blood alcohol at the time of driving of the instant drinking is higher than that of the Defendant.

However, the defendant's mistake is unfolded and reflected in depth, and it does not cause a traffic accident due to the driving of drinking in this case, and the defendant.