A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 28, 2011, the Defendant was notified of a summary order of a fine of KRW 4 million due to a violation of road traffic law in the Changwon District Court's branch on the following grounds: (a) on November 12, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law (violation of Drinking) and two or more years of suspended execution on the same court on November 12, 2014; and (b) was punished for driving under drinking on two or more occasions.

1. On October 14, 2016, the Defendant: (a) around 18:44, around October 14, 2016, driven C truck with alcohol content of at least 0.261% while under the influence of alcohol without a motor vehicle driver’s license at approximately 150 meters from the road front of the mutual influence point at the center of the Chang-gun, Chang-gun, Seoul Special Metropolitan City, to the road front of the same Eup/Myeon.

2. On October 29, 2016, the Defendant driven C cargo vehicles under the influence of alcohol content of about 0.190% in the section of about 700 meters from the road before the road construction site located in the 15:40 Gyeongnam-gun Scul-gun Scule C, which was around the 15:40 on October 29, 2016, to the front road in the same Donsan-gun, the Donsan-gun, the Donsan-gun, a Donsan-gun, with no driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Each place of criminal;

1. Reporting on the occurrence of a traffic accident;

1. Notification of the results of regulating driving of alcohol;

1. The ledger of driver's licenses of each motor vehicle;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment of the same type of crime and confirmation during the suspended execution period);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment with prison labor (the imprisonment with prison labor shall be selected instead of a fine, in light of the fact that each of the crimes of this case was committed on two occasions among the periods of suspension of execution due to the previous convictions of the same type);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act for mitigation of quantity;