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

[criminal history] On October 8, 2010, the Defendant was sentenced to a fine of KRW 2 million due to a violation of road traffic law in the support of the Gwangju District Court in Gwangju District Court on the grounds of the crime of violation of road traffic law. On January 20, 2012, the Defendant was sentenced to a fine of KRW 3 million due to a crime of violation of road traffic law in the same court.

[2] On April 5, 2016, around 20:08, the Defendant driven B Poter truck with alcohol content of about 0.109% while under the influence of alcohol without a vehicle driver’s license at a section of about 20 meters from the road front of the main station in the 20m radius to the road front of the Ministry of Health, Welfare and Family Affairs of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. The driver's license ledger (A);

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, investigation report (Attachment of the previous and the copy of the summary order), copy of the summary order, and application of the Acts and subordinate statutes attached thereto;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant committed the instant crime even though he/she had been punished several times due to driving without a license or driving under drinking, with the reason for sentencing Article 62-2 of the Criminal Act.

Although the defendant should be punished strictly, the punishment as ordered shall be determined in consideration of the fact that the defendant reflects the defendant, and that there is no record of punishment exceeding the fine, etc.