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 December 5, 2006, the Defendant issued a summary order of KRW 500,000,000 as a crime of violating the Road Traffic Act (driving) at the Jeju District Court, and a summary order of KRW 4 million as a fine in the same court on June 2, 2015, respectively.

[2] On March 28, 2016, the Defendant: (a) driven a bpoter freight vehicle with alcohol level of 0.058% in the blood alcohol level without a driver’s license on March 28, 2016; (b) proceeded from the new village to the starboard; (c) did not properly perform his/her duty at the front; and (d) sustained injury, such as the victim E ( South, 22 years old) driving, driving the F-wing part of the left part of the cargo vehicle, which was driven on the opposite lane due to the occupational negligence beyond the center line of yellow real lines installed therein, and caused the victim to undergo approximately two weeks medical treatment, and damage to the character of oral mouth and mouth, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident (including intensity and photographs), and a report on actual condition of the traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and a written statement E;

1. The driver's license ledger;

1. A medical certificate;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report (a copy of summary order, etc.);

1. Relevant legal provisions concerning criminal facts: Article 3 (1) and the proviso to Article 3 (2) 2, 7, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (1) 1 and 44 (1) (not less than three times of drinking) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

1. Standing concurrence and choice of a sentence: Articles 40 and 50 of the Criminal Act; the crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents shall be punished by imprisonment without prison labor; and the crime of violating the Road Traffic Act shall be punished by imprisonment without prison labor;

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 38 (2) and 50 of the Criminal Act (Provided, That the lowest limit shall apply to the punishment that is set forth for the crimes of violation of Road Traffic Act (driving));