A defendant shall be punished by imprisonment for not less than eight 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 August 19, 2009, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of violating the Road Traffic Act (drinking driving), and on April 29, 201, the court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (drawing driving). On October 7, 2015, the court issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving).

[2] On September 30, 2017, the Defendant driven a B-wing truck over about 3 km from the front of the apartment site in the Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, under the influence of alcohol content of 0.075% without obtaining a driver’s license for a motor vehicle on September 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of the provisions of Acts and subordinate statutes, such as a written reply to inquiries, the text of judgment, etc. (Evidence List No. 17);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Although the sentencing of Article 62-2 of the Criminal Act on the observation of protection and attendance order is very poor in light of the criminal records of the same kind, etc. of ten meetings, various sentencing conditions, such as the fact that the Defendant’s mistake and alcohol concentration in the blood, background of the crime, the Defendant’s age, sex, criminal conduct, occupation, family relationship, financial status, etc. should be taken into consideration.