A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[criminal history] On February 4, 2013, the Defendant issued a summary order of KRW 1 million at the Busan District Court's Busan District Court's Dong Branch on April 28, 2015, KRW 1.5 million at the Busan District Court's Dong Branch on May 19, 2016, and was punished twice or more due to drinking driving.

[2] On February 2, 2017, around 23:17, the Defendant driven BMW car volume under the influence of 0.122% alcohol concentration during blood without a vehicle driver’s license at a distance of about 10 meters from the Central Park in the Busan Metropolitan City’s Articles of Incorporation to the front day of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking, report on the circumstances of the driver driving a drinking, and inquiry into the results of crackdown on drinking;

1. A report on the situation of driving without a license, a certificate issued by a person, and an inquiry report into a driver's license;

1. Previous convictions: Inquiries about criminal history, reporting on the results of previous convictions and reporting on the results thereof, and applying Acts and subordinate statutes to the investigation reporting (a summary issuance of an order);

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 each sentence of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Act on the Protection and Observation and Order to Attend the lecture lies in the Defendant’s past three times of drinking (the crime records are relatively recent). In particular, on February 2, 2016, the Defendant driven three times in the state of high alcohol concentration of 0.134% during blood transfusion, and the Defendant received a summary order of KRW 7 million on May 2016 and received a significant order of KRW 7 million. However, the Defendant again driven the instant drinking without the driver’s license at the time when one year has not passed since the order was issued, and at the time of driving the instant drinking, the alcohol concentration among blood alcohol was considerably high.