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.

Criminal facts

On October 1, 2010, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court, and on December 2, 2016, the Defendant was sentenced to a fine of KRW 1.5 million for the same crime at the same court.

On June 10, 2017, at around 20:50, the Defendant driven a vehicle with alcohol content of approximately 0.092% under the influence of alcohol without a vehicle driver’s license from around the 500-meter section of approximately 500 meters to the front road of the Mac-dong located in the same Kuc-dong.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of judgment on the same kind of force, etc.);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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 extenuating circumstances considered in favor of the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The reasons for sentencing under Article 62-2(1) and (2) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Community Service, Order to Attend Military Service, Order to Attend Military Service, and Order to Attend Military Service, have the record of being punished three times on driving under drinking prior to the instant crime.

Nevertheless, the defendant, even though his license was revoked, re-driving a gold drinking again.

However, the distance of the defendant's vehicle is relatively short, and the defendant's error is late.