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 April 17, 2013, the defendant was issued a summary order of KRW 7 million due to the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licensed driving), and on October 1, 2008, the defendant was sentenced to the suspension of execution for 8 months in imprisonment with labor for the violation of the Road Traffic Act (non-licensed driving) and the violation of the Road Traffic Act (non-licensed driving) at the Suwon District Court.

On October 3, 2013, the Defendant, without obtaining a driver's license on October 17, 2013, driven a Damp truck from a viewing room located in the Hasan-dong, Ansan-si, whose blood alcohol concentration is 0.09% under the influence of alcohol, to a Damp truck located in the same 595 Hambdong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial reports on driving drivers, the ledger of driver's licenses, criminal records, reply records, copies of judgments, and the application of Acts and subordinate statutes concerning summary orders;

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. Probation and community service order, order to attend lecture, and order to attend lecture under Article 62-2 of the Criminal Act requires a strict punishment to raise awareness about the defendant's crime of drunk driving with the reason of sentencing. However, the execution of the sentence is suspended considering the fact that the defendant is willing not to repeat again against his mistake, the amount of drinking alcohol, etc., and the conditions of probation, etc. shall be added in consideration of the defendant's occupation, repetition of the crime, etc.