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 September 10, 2007, the defendant was issued a summary order of 2.5 million won by a fine for a crime such as a violation of the Road Traffic Act at the Busan District Court on September 10, 2007, and a summary order of 4 million won by the same court on April 28, 2008 as a crime such as a violation of the Road Traffic Act.

On August 25, 2017, at around 22:30, the Defendant driven a Cunstun vehicle under the influence of alcohol content of about 0.069% without a driver’s license at a section of about 50 meters before the original village restaurant located in the same Dong-dong from the Do of an interest show show show in Busan Northern-dong to the front of the original village restaurant located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (report accompanied by a copy of 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. 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. The reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend lectures was punished by a fine on several occasions due to drinking or non-licensed driving, and at the same time, the defendant tried to commit the crime of this case. In addition, considering the fact that the defendant appears to have an attitude against the defendant as it is difficult to achieve the purpose of punishment, the execution of punishment shall be suspended only once taking into account various sentencing conditions stated in the arguments of this case, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc.