A defendant shall be punished by imprisonment for six 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

On July 9, 2013, the Defendant received a summary order of KRW 3,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Incheon District Court. On October 7, 2014, the Defendant received a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Incheon District Court.

On April 1, 2015, at around 04:30, the Defendant driven B-wing truck under the influence of alcohol concentration of about 0.137% while under the influence of alcohol level, without obtaining a driver's license, from approximately 8km section in the direction of 509-13, Ansan-si, an Ansan-si, through the bottled road in front of the C-dong of the loan of the members of Ansan-si, Ansan-si, through the bottled road located in the vicinity of the Gulsan-si, Seosan-si.

Therefore, even though the Defendant was under the influence of alcohol and violated two times or more, he again driven the above wing and cargo while driving the above wing and cargo without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. The driver's license ledger;

1. Previous convictions: Application of the Acts and subordinate statutes attached to criminal records, investigation reports, and summary orders twice during driving under influence of alcohol;

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

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

1. Imprisonment with prison labor chosen;

1. Discretionary mitigation (The favorable circumstances examined in the following sentencing grounds) Articles 53 and 55(1)3 of the Criminal Act

1. Article 62(1) of the Criminal Act, which is favorable to the reasons for suspended execution (the following consideration):

1. The favorable circumstances shown in the records of this case, such as the fact that the defendant's reason of sentencing under Article 62-2 of the Social Service Order Criminal Act reflects his mistake, and again said that he would not drive under the influence of alcohol.