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

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

Punishment of the crime

On October 10, 201, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon-cheon on October 10, 201, a fine of KRW 4 million for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on March 20, 201, and a fine of KRW 8 million for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on December 15, 2015.

1. On April 30, 2017, the Defendant: (a) driven B Poter truck under the influence of alcohol content of approximately 0.075% at a section of about 100 meters from the roads near the National Middle School located at the bottom of the Busan YY-gu, Busan to the roads in front of Samsung FR’s “TWD” located in the same Dong.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven a motor vehicle while under the influence of alcohol.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving of a motor vehicle without obtaining a driver’s license at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. Registers of driver's licenses and details of disposition of cancellation thereof;

1. Previous convictions: A reply to inquiries, such as criminal history, reports on investigation results, and application of Acts and subordinate statutes of investigation reports;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. An order to attend a lecture has been sentenced three times to a fine due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, and driving a motor vehicle again under the influence of a license due to it.