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.

Criminal facts

On June 27, 2014, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, on October 28, 2016, to a fine of KRW 3 million due to a violation of the Road Traffic Act (dacting driving) and a violation of the Road Traffic Act (dacting driving) at the Busan District Court's Dong Branch Branch.

Nevertheless, at around 06:10 on January 9, 2017, the Defendant driven a Bribe truck under the influence of alcohol on at least 0.050% of alcohol while under the influence of alcohol without obtaining a driver’s license from a section of about 300 meters in front of the entrance of rubber village located in 64-8 the same Eup/Myeon, located in the Do located in the head of the Gun of Busan, Busan, the captain of which was the captain of the vessel, and driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating the driving of alcohol, a report on the circumstances of the driving of alcohol, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a summary order on the past record of the same type of crime);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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 on the protection and observation and the order to attend lectures is low, but the Defendant was sentenced to a fine for drinking in 2002 due to drinking driving in 201, a fine due to drinking in 2014, a fine due to driving without a license on February 3, 2016, a fine due to driving without a license on October 28, 2016, and a fine due to driving without a license on October 28, 2016, and the Defendant was the fourth drinking driver, and the Defendant was even driving without a license.