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

[criminal power] On May 13, 2016, the Defendant was sentenced to a fine of 6 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on May 13, 2016, and on July 24, 2015, the same court was sentenced to a fine of 8 million won due to a violation of the Road Traffic Act (driving) and was sentenced to a total of 6 times of drinking driving.

【Criminal Facts】

On August 5, 2016, the Defendant violated Article 44(1) of the Road Traffic Act two or more times, and operated B cargo vehicles with approximately 6 km section in front of the Si-Sari Factory in the Daegu Daegu-ro, Geumcheon-si, Seoul Special Metropolitan City, through the same time, which had been under the influence of 0.081% of blood alcohol concentration without a vehicle driver's license, and again operated B cargo vehicles in the section of approximately 6 km section in front of the Si-Sari Factory in the Seoul Special Metropolitan City, Seocheon-si, Daegu Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

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

1. Before ruling: Criminal history records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect-like records);

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as follows.

Unfavorable circumstances: The defendant had a record of being punished several times for the same crime, and the above punishment records include the suspended sentence sentenced in 2008, but the final fine was not imposed.

A favorable condition: The blood alcohol concentration of the defendant.