A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Around March 25, 2008, the Defendant was sentenced to a summary order of a fine of KRW 3 million at the Busan District Court for a violation of the Road Traffic Act, etc. On April 1, 2009, the Defendant was sentenced to a suspended sentence of imprisonment for six months at the Ulsan District Court for the same crime, etc. on April 1, 2009, and was sentenced to a fine of KRW 7 million on July 23, 2010 by the same court.

Criminal facts

On October 19, 2012, the Defendant, without a driver’s license of a car on October 19, 2012, driven a 31 ton and loaded freight vehicle while under the influence of 0.237% alcohol level on the front of Taejin-gun, Taejin-si, Taejin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on detection of a host driver;

1. The actual condition survey report;

1. Registers of driver's licenses for motor vehicles and disqualified meetings for the main office;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 on the suspension of execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 62-2(1) of the Act on Probation, etc., and Article 59 of the Act on the Punishment of Probation, etc., the current Road Traffic Act, when a person who has been engaged in drinking alcohol driving at least two times for the purpose of preventing a drinking alcohol driving from being able to drive a drinking again, strengthen the punishment, and the defendant has been punished four times due to drinking alcohol driving, and the defendant has been sentenced four times of suspended sentence, and it is necessary to strictly punish the defendant in light of the fact that the blood alcohol level is high to 0.237%.