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 July 9, 2007, the Defendant was issued a summary order of KRW 1 million and KRW 5 million, respectively, for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and each of the crimes of violating the Road Traffic Act (drinking driving) at the Busan District Court's Busan District Court on March 15, 2013 and November 25, 2015.

On December 17, 2016, at around 23:19, the Defendant driven a CKazon vehicle without obtaining a driver’s license in a state of under the influence of alcohol level of about 340 meters from the front road of “computer shot-gu, shot-gu,” located in the Do of “computer wholesale store” located in the Busan East-gu, Busan, to the front road of the same Dong.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home, statement of alcohol during blood, and report on the detection of the driver at home;

1. The driver's license ledger;

1. Previous convictions in the judgment: A written reply to inquiry, such as criminal history, (A), report on investigation (the same force as the suspect), application of the summary order-related statute;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. The sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution has already been three times before the defendant had been tried to drive alcohol without a license for drinking alcohol of this case. Nevertheless, the fact that the defendant has been driving without a license for drinking alcohol of this case, the degree of his driving is considerably significant, the defendant's disposal of the vehicle, the fact that the defendant disposes of the vehicle, the fact that the defendant has no record of punishment except three times before the above fine was imposed, and the defendant's age, character, conduct and environment