A defendant shall be punished by imprisonment for one year.

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 December 28, 2010, the Defendant issued, at the Busan District Court, a summary order of KRW 2 million for a crime of violating the Traffic Act (drinking driving), a summary order of KRW 2 million for the same crime at the Ulsan District Court on October 14, 2014, and a summary order of KRW 5 million for the same crime at the same court on November 4, 2015, respectively.

On August 11, 2016, at around 01:10, the Defendant driven a vehicle with approximately KRW 20 meters in front of the “GS25 March 1, 2015,” which was under the influence of alcohol content of 0.107% in front of the mutually influent cafeteria, GS25,” and driven a vehicle with B low-est other without a driver’s license in front of the “GS253,00.”

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. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and the application of investigation reports (netly 10) Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1)1 of the same Act (Article 62(1)1 of the same Act on the grounds that considering the repetition of the same type of crime, the risk of recidivism, the possibility of personal and material damage to which drinking drivers own, and the degree of drinking volume reaches 0.107%, the decision on the suspension of sentence is considered, but it is still possible to choose the suspension of sentence instead of the Defendant, taking into account the fact that there is no past record of punishment heavier than the suspension of sentence due

1. Protective observation and community service order under Article 62-2 of the Criminal Act;