A defendant shall be punished by imprisonment for six 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 January 27, 2010, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act. On January 28, 2014, the Defendant received a summary order of KRW 4 million from the same court as a crime of violating the Road Traffic Act (driving). On August 23, 2016, the Defendant received a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

On September 13, 2016, at around 00:10, the Defendant driven a c K3 car with approximately 30 meters alcohol level from the lower end of Busan, to the front day of the same fishing village, while under the influence of alcohol level of 0.056% during blood without obtaining a driver’s license, and driving a c K3 car from the lower end of Busan, to the same fishing village.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of the provisions of the Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

1. Aggravation of concurrent crimes as provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (to the extent that the punishment is added up to the maximum of the long-term punishments of each crime above the punishment determined for a violation of Road Traffic Act with heavier punishment);

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. Although the crime of this case was committed in spite of the past four times of criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances), the punishment is determined as ordered by comprehensively taking account of the defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc., although the crime of this case was committed in spite of the past four times of punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1) of the Criminal Act.