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 September 22, 2006, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking driving) in the Gwangju District Court’s Seoul District Court’s interest support, and a summary order of KRW 1.5 million as a fine in the same court on April 23, 2015, respectively.

On June 16, 2017, the Defendant driven Cpoter cargo under the influence of alcohol content of about 0.148% while under the influence of alcohol without obtaining a driver’s license from about 7 km section from the road of 1577 in front to the adjacent road of the 2068-18 front military base, as the head of Singu-Eup, Chungcheongnam-gun, Seoul Special Metropolitan City around 18:00, the Defendant driven Cpoter truck under the influence of alcohol content of about 0.148%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a driving, notification on the results of regulating drinking driving, and the register of driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

The elements of favorable sentencing: The fact that the defendant acknowledges and reflects his mistake, and there is no criminal punishment exceeding the fine.

An unfavorable sentencing factor: The same criminal record has been two times, the fact that the person asked his/her relative to make a false statement in connection with the instant case, and the driving of drinking increases the risk of the general public's traffic accident.