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.

Punishment of the crime

On August 20, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, from the Youngcheon District Court’s Young-gu branch on August 20, 2007. On January 10, 2014, the Defendant received a summary order of KRW 5 million as a fine for the same crime in the same court.

On August 2, 2015, at around 20:10, the Defendant driven B Poter truck under the influence of alcohol content of about 0.274% without obtaining a driver’s license, from the front day of the packing horse in the vicinity of the oil station located in the Dongdaemun-gu, Young-gu, Suwon-gun, Suwon-gun to the front day of the mobilization of approximately 1.5km from the front day of the oil station in the same Eup to the front day of the mobilization in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of a driver, report on the status of a driver, and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;