A defendant shall be punished by imprisonment with prison labor 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.

Criminal facts

On October 31, 2008, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) from the Busan District Court's Dong Branch, and on August 17, 2016, the Defendant was sentenced to a fine of KRW 3 million for the same crime from the Busan District Court.

On April 30, 2017, at around 00:04, the Defendant driven a B rocketing car with alcohol content of about 500 meters from the front of the Rool apartment apartment located in the Busan Yandong, to the front of the new subway station located in the same Shin Dong-dong, without a driver's license, while under the influence of alcohol content of about 0.151%.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment report, such as judgment of the same kind of force), and statutes;

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

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 considered in favor of the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The reason for sentencing under Article 62-2(1) and (2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection and Order to Provide community service, Order to provide community service, Order to attend lecture, the main sentence of Article 62-2(1) and (2) of the Criminal Act is that the Defendant was punished by a fine on three occasions due to drinking prior to the instant crime, and the Defendant was sentenced to a suspended sentence of imprisonment due to refusal

Nevertheless, it is not appropriate.