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

Punishment of the crime

On August 31, 2010, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act in the Gwangju District Court's wooden branch on August 31, 2010, and on June 28, 2013, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) in the Gwangju District Court's wooden branch.

The Defendant, as above, was punished twice or more for the crime of violating the Road Traffic Act (drinking), was driving C-II truck under the influence of alcohol content of about 0.128% from the 4km section of blood alcohol to the 3rd road of the 4km away from the 4km away from the road before the dwelling of the Defendant located in B of the Republic of Korea on April 17, 2017, without obtaining the driver’s license of a motor vehicle around 21:10, the Defendant driven C-II truck under the influence of alcohol content of about 0.128%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on driving of alcohol, the ledger of driver's license (A), investigation report (verification of the same record as the suspect A), and the application of statutes after inquiry;

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 chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is favorable to the Defendant’s confession and reflection of the instant crime, and the Defendant again committed the instant crime even though he/she had the record of being sentenced to a suspended sentence of imprisonment due to the crime of drinking driving, etc., taking into account the circumstances unfavorable to the degree of alcohol concentration at the time when the Defendant committed the instant crime.