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

On November 18, 2013, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a violation of the Road Traffic Act. On April 14, 2016, the Defendant received a summary order of KRW 4 million from the Changwon District Court to a fine for a violation of the Road Traffic Act.

On September 27, 2016, at around 01:40, the Defendant driven a B 31 ton cargo vehicle with a blood alcohol concentration of at least 0.125% while under the influence of alcohol without obtaining a driver's license at a section of about 25 km from the front of the cafeteria-si Manpo-si Manpo-si, Changwon-si to the front road of Kimhae-si, Kimhae-si.

As a result, the Defendant, who has violated the prohibition of drunk driving regulations not less than twice, drives a motor vehicle while under the influence of alcohol in violation of the above regulations, and simultaneously drives a motor vehicle without obtaining a driver'

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (former records and summary orders);

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act committed the crime of this case without a license even though he had been sentenced to a fine for violating the Road Traffic Act on the last two occasions, as stated in the facts constituting the crime in the judgment of the court below, and the amount of blood alcohol concentration at the time of driving under the influence of alcohol of this case is revoked.