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 August 26, 2016, around 08:09, the Defendant driven a B-high truck under the influence of alcohol content of about 0.138% while under the influence of alcohol without a driver’s license, from around 10km to the entrance road at the 18th Do-ro, the same Do-ro from the front side of Jeju Island located in the same Do-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Report on the situation of driving at home and report on the situation of driving without a license;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On May 25, 2009, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 5 million at the Jeju District Court for a violation of the Road Traffic Act (refluence of measurement), etc. on May 25, 2009. On January 20, 2016, the court issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act (fluence of alcohol). On February 2, 2016, the previous crime committed a crime of this case by driving a truck of approximately six months after the driver’s license was revoked on February 2, 2016 without a driver’s license. In light of the fact that the Defendant committed the crime of this case by driving a truck of KRW 26.5 tons at the same time of the crime, and that the Defendant’s blood alcohol concentration in the blood at the time of the crime is higher than 0.138%.

However, the fact that the defendant led to the crime of this case, the defendant did not immediately drive after drinking, but was found to have been driven by drinking while driving for service at the time of the preceding night when the drinking is less than the drinking time.