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 May 17, 2010, the Defendant issued a summary order of a fine of seven million won or more due to a crime of violating the Road Traffic Act at the Busan District Court on May 17, 201, and a summary order of a fine of five million won or more due to a crime of violating the Road Traffic Act in the same court on September 11, 2014.

On February 19, 2017, the Defendant was under the influence of alcohol of 0.060% in blood without obtaining a driver’s license for a motor vehicle on February 19, 2017, and was driving Bone Starsch in a section of approximately 2 km from the front of the Uniform Rose Park in Busan Gangseo-gu, Busan, to the front of the bus stop in Busan, 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. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a confirmation report (a copy of summary order) on the result of the previous conviction before and after the disposition;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant repeats drinking and unauthorized driving without any effort to avoid drinking, even though he had a record of punishment twice for the same kind of crime.

However, the defendant recognizes a mistake and reflects it, and does not repeat it.