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 February 20, 2009, the Defendant was issued a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) in the leisure support of the Friwon method. On March 29, 2011, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating road traffic law (drinking driving) in the Friwon method.

On July 8, 2017, the Defendant driven a D Poter II truck in the area of about 2 km from the road located in Gyeonggi-gun B without obtaining a driver's license in the state of alcohol concentration of 0.211%, and from the road located in Gyeonggi-gun B, the Defendant driven a D Poter II truck in the area of about 2 km from the 3rd-ro of the same surface of the road, which is located in the 53rd-ro of the same surface.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (reports accompanied by the previous summary order);

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. It is an unfavorable circumstance that the reason for sentencing under Article 62(1) of the Criminal Act is the danger of drinking alcohol and the record of being punished three times due to drinking driving.

However, in light of all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, etc., it is decided as ordered in consideration of the fact that the defendant was committed at the time of and against his own crime, that the defendant did not cause a traffic accident due to drinking driving, that there was no record of punishment heavier than a fine