A defendant shall be punished by imprisonment for six 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

On April 24, 2014, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Busan District Court, and on March 9, 2015, the Defendant was sentenced to a fine of five million won for a crime of violating the Road Traffic Act.

On September 18, 2015, the Defendant driven CK5 vehicle under the influence of alcohol with 0.122% alcohol concentration in blood without a driver’s license from around the Bupyeong-dong in Busan to the front of the modern pharmacy located in Seo-gu in Busan, Seo-gu to the end of the modern pharmacy located in Seo-gu, Busan.

As a result, the defendant, despite two times of drinking driving power, has been driving in a different manner.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

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 imprisonment with prison labor by repeating the same kind of crime;

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 stay of execution ( normal consideration, such as the reflection of the accused, the fact that there is no criminal history other than the previous conviction in the judgment);

1. To observe orders to protect and attend lectures and to prevent recidivism under Article 62-2 of the Criminal Act;