A defendant shall be punished by imprisonment for six 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 March 12, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law (drinking) in the Goyang Branch of the District Court of the Republic of Korea on March 12, 2009, and a fine of KRW 4 million for the same crime in the same court on March 7, 2013.

On February 15, 2017, the Defendant driven B Poter truck at a section of about 1 km from the roads near the Han-dong Station in the state of alcohol 0.132% under the influence of alcohol during blood transfusion to the roads near the Han-dong Road in the same city of the same city from the roads around the Han-dong Road.

As a result, the Defendant, who violated the prohibition of drinking at least twice, moved a motor vehicle under the influence of alcohol again, and simultaneously driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver at home;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and application of Acts and subordinate statutes to investigation reports (review and report on sentencing criteria);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) (Selection of Imprisonment) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Code of the Social Service Order (Optional to a punishment) was that the Defendant, while having had the ability to drive drinking twice, once again driven under the influence of drinking without any special reason.

However, for the last four years, the recent four years have shown an attitude to reflect the crime of this case while trying to have no driving force and to live very difficult economic situations.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.