A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On October 1, 2014, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million due to a violation of the Road Traffic Act at the Busan District Court, and on July 6, 2016, a fine of KRW 4 million due to a violation of the Road Traffic Act at the Busan District Court.

On April 4, 2017, the Defendant, while under the influence of 0.091% without a vehicle driver’s license, driven a dyna whose alcohol concentration in the blood from the section of approximately 1km up to the rear road of approximately 76m-ro 21mn in Busan Geum-gu, Seo-gu, Busan, and driving on the road of “C” located in Geum-gu, Busan.

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. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (power to punish a suspect drinking);

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 favorable circumstances):

1. According to Article 62(1) of the Act on the Suspension of Execution of Punishment (hereinafter “Suspension of Execution”) of the Criminal Act, even though there was a history of criminal punishment twice due to driving of alcohol without a license and one-time criminal punishment due to driving of alcohol without license, the punishment for each of the crimes of this case is not less and less severe, and even if the record of criminal punishment due to an escape vehicle and accident was taken after the accident, the awareness of compliance with traffic laws and regulations is weak, but the mistake is not recognized, and there is no record of criminal punishment exceeding the fine, other matters including the defendant’s age, sex, environment, circumstances leading to the crime, and circumstances after the crime, etc., shall be determined as per the Disposition.