A defendant shall be punished by imprisonment for not less than eight 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 August 4, 2006, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act in the Busan District Court on August 4, 2006, a fine of KRW 3.5 million for the same crime in the same court on January 21, 2013, and a fine of KRW 5 million for the same crime in the same court on April 12, 2016.

On March 26, 2016, around 05:05, the Defendant driven BM5 car under the influence of alcohol content of 0.135% while under the influence of alcohol without obtaining a driver’s license from the road near the "Meart," located in the Busan East-dong, Busan-dong to the 2km-dong, Busan-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous convictions in disposition, and applying Acts and subordinate statutes reporting investigation

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. 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. The Defendant, for the reason of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures, went again to commit the instant crime even if he/she was punished several times due to drinking driving, and thus, he/she was sentenced to imprisonment by a fine as it is difficult to achieve the purpose of punishment. In addition, taking into account the Defendant’s attitude to reflect, taking into account the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime, the execution of a sentence shall be suspended only once, taking into account various sentencing conditions as indicated in