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

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

Punishment of the crime

On November 18, 2011 and December 18, 2011, the Defendant was sentenced to a suspended sentence for eight months by imprisonment with labor for a violation of the Road Traffic Act at the Changwon District Court on June 28, 2012.

On October 3, 2018, at around 06:42, the Defendant driven a fwing truck under the influence of alcohol level of 0.051%, without obtaining a driver's license, from the Do located under the jurisdiction of the C University located in Busan District, Busan District, to the E Hospital located in the Dong-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, the statement of the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal records and other inquiries, and application of investigation reports and other criminal records, and Acts and subordinate statutes;

1. Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act - Subparagraph 1 of Article 152 of the Road Traffic Act and Article 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. It is so decided as per Disposition in light of the following: (a) there are many records of punishment for the reason of sentencing under Article 62(1) of the Criminal Act; (b) blood alcohol concentration at the time of the commission of the crime; (c) the motive and circumstance of the crime; and (d) the fact that one’s mistake is against the disposition