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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

[criminal history] On November 3, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court’s branch on November 3, 2009. On August 20, 2010, the Defendant was sentenced to a fine of KRW 3.5 million as a crime of violating the Road Traffic Act (drinking driving) in the same court on August 20, 201, and on January 28, 2013, the Defendant was sentenced to a fine of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) and all the records of the crime

[2] On February 21, 2016, at around 23:05, the Defendant driven a rocketing car under the influence of alcohol level of 0.096% in blood alcohol level without obtaining a driver’s license from a section of about 30km from the front side of the Busan Metropolitan Transportation Daegu apartment, to the front side of the Gyeongnam Kim Jong-gu, Gyeong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved and report on the detection thereof;

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

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry about criminal history, and application of Acts and subordinate statutes on investigation report;

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a heavier drinking operation);

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment against the defendant is set by taking account of the defendant’s blood density, alcohol density, driving background and distance, the records of punishment for the same kind of crime, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant’s age, sex, environment, and circumstances after the crime, etc.