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

[20] On February 29, 2008, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of road traffic law (driving under drinking), etc. at the Cheongju District Court’s support on February 29, 2008. On March 19, 2009, the Defendant was punished by imprisonment for 6 months due to a violation of road traffic law (driving under drinking under the influence of alcohol) and two or more times due to drinking under the suspension of execution.

Nevertheless, on June 14, 2017, the Defendant driven B Poter cargo in the state of alcohol alcohol level of about 0.190% from the two-lane section from the roads near Pung-si in Ansan-si to the same Sindong-si University in the same city to the roads in front of 146.

[2017 Highest 1740] On August 17, 2017, the Defendant driven B Poter Cargo Vehicles without obtaining a driver’s license in the section of approximately 200 meters from the front of the 138-ro “Yannam-do” road, which was the central university of Taenam-gu, Chungcheongnam-si, Seoul, to the front of the 138-ro “Yannam-do” road.

Summary of Evidence

[2017 Highest 1220]

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. Each photograph;

1. A previous conviction in judgment: A written inquiry and a criminal investigation report (related to the same force of the suspect), respectively;

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of each statute on photographs;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. The conditions unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: the suspension of the execution of imprisonment and the fine due to driving of alcohol or driving without a license; and