A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 8, 2011, the Defendant received a fine of 6 million won due to a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on July 8, 201, and a fine of 7 million won due to a violation of the Road Traffic Act (driving) in the same support on March 9, 2015, respectively.

Although the Defendant was punished for drinking twice or more as above, on September 8, 2015, the Defendant driven a B rocketing car without a driver’s license, under the influence of alcohol concentration of approximately 0.085% from a section of about 1km from the front side of the Go-dong, Godong, Godong, to the front side of the Geummun-dong, Geumsung-dong, Simpo-dong, the Defendant was under influence of alcohol concentration of about 0.085%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and the register of driver's licenses;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes attaching the same kind of judgment;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 heavier than punishment and choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In full view of the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing as indicated in the records and arguments of this case, including the defendant’s age, character and conduct, environment, motive for committing the crime, circumstances after committing the crime, etc., the sentence shall be determined as ordered.

Unfavorable circumstances: A favorable circumstances such as the fact that there has been two times of past records subject to punishment due to drinking driving: The fact that a mistake is divided and reflected, the fact that a drinking or non-licensed driving is not required, the fact that a person has no previous record of imprisonment without prison labor or more, the degree of blood alcohol concentration is not high, and the distance of operation is only 1 km, etc.