A defendant shall be punished by imprisonment for six 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 April 29, 2015, the Defendant is punished by a fine not exceeding three million won due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court on April 29, 2015,

1. 23. A person who was sentenced to a fine of 1.5 million won for a violation of road traffic laws in the above court support.

On April 18, 2017, the Defendant driven B K5 car under the influence of alcohol content of 0.054% while under the influence of alcohol, without obtaining a driver’s license, from the front of a mutually influorous restaurant in the mouth of Chuncheon City, a master’s degree, from around 1km, to the Gangseo-ro, 477, after the same hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about criminal 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 (Article 53 and 55(1)3 of the Criminal Act (The following grounds for sentencing shall be taken into account):

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order and order to attend a lecture, are against the Defendant’s confession of the instant crime, and the fact that there is no other force than fines, etc., are the factors for sentencing favorable to the Defendant

On the other hand, even before the crime of this case, even though the defendant had been punished twice due to drinking driving, repeated driving of drinking and unauthorized driving of drinking while repeated, the period of driving of drinking through three times is not long, and the driving of drinking is highly likely to be criticized not only to the driver but also to the other person's life.

In addition, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc.