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

However, 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

[criminal power] On October 27, 2008, the defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Ansan District Court's Ansan Branch on January 29, 2015 and a fine of KRW 2,50,000 as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On July 26, 2016, at around 00:03, the Defendant driven B Poter truck under the influence of alcohol concentration of 0.136% without a car driver’s license at a section of approximately 1km from the road near the 2026 Macsa in Ansan-si to the front side of the Yungnam-dong in Sinung-si, Annsan-si, the Defendant was under the influence of alcohol concentration of 0.136%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, report on the situation of a driving without a license, report on the situation of a drinking driver, inquiry into the control of drinking and the register of a driver'

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of alternative imprisonment with prison labor (in consideration of the fact that the defendant has been punished for the same kind of crime several times);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the previous reason for discretionary mitigation);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;