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 July 22, 2010, the Defendant issued a summary order of KRW 500,000 to a fine of KRW 500,000 as a crime of violating the Road Traffic Act at the Busan Western District Court on January 27, 2012, which was a fine of KRW 4 million in the same crime at the Seoul Western District Court on January 27, 201, and on January 10, 2017, with the Busan District Court’s Dong branch branch branch, and violated the prohibition of drinking more than twice.

Nevertheless, on April 3, 2018, at around 00:40, the Defendant driven a Maz car under the influence of alcohol content of 0.183% while under the influence of alcohol without obtaining a driver's license from a 1km section from a dong-dong public parking lot located in the Busan East-gu, Busan to the Seoul Metropolitan City, which is located in the same hot spring drive.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Response to a request for appraisal;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of Acts and subordinate statutes on investigation reporting (verification of drinking driving history);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the 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. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The conditions for all kinds of sentencing, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, are considered in light of the following circumstances: The degree of alcohol is high, the degree of drinking is also high, and the occurrence of a large-scale accident is about to escape by avoiding drinking control; and there is no record of criminal punishment exceeding the fine;