A defendant shall be punished by imprisonment for nine 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 May 30, 201, the Defendant was issued a summary order of 3.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on May 30, 201, and on November 25, 2015, the Defendant was sentenced to a fine of 6 million won for the same crime at the Busan District Court on November 25, 201, and the same record of the same generation

On December 10, 2015, at around 16:45, the Defendant driven a B1 ton cargo vehicle under the influence of alcohol content of about 300 meters from a section of approximately 300 meters from the front of a mutual influent restaurant located in the south-Eup of Nam-gun, not from the driver’s license for a motor vehicle, to the front day of the territorial influent road located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries into driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of driving skills under drinking not less than twice);

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. Considering the fact that the Defendant again committed the instant crime even though he/she had had the same criminal record at several times and that the degree of alcohol level is not low, strict punishment against the Defendant is required for the surveillance and observation of protection and community service order Article 62-2 of the Criminal Act.

However, the punishment as ordered shall be determined by taking into account the following factors: the Defendant’s mistake is divided; the Defendant does not have any criminal record exceeding a fine; the Defendant is also sentenced to protection observation and community service order along with the suspension of the execution of imprisonment with prison labor; the Defendant’s age, sex and environment; the motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, etc.