A defendant shall be punished by imprisonment for not less than nine months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 24, 2017, the Defendant was sentenced to a fine of KRW 3 million by the Cheongju District Court for a violation of the Road Traffic Act (drinking driving), and is still pending in the appellate trial.

On October 22, 2017, the Defendant driven a C Poter truck without a driver’s license in the section of about 10km from the farm road located in the Sejong-do, North Korea, in the direction of alcohol content 0.229% among blood transfusions, to the road between the agricultural road located in the Sejong-do, North Korea, in the Gun, to the road located in the same Gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

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. Elements of sentencing unfavorable to the ground for sentencing under Article 62-2 of the Criminal Act: A traffic accident while driving a motor vehicle while drinking without a license while being tried for suspicion of non-licensed driving, drinking driving, etc. (guilty on March 1, 2018):

Sn’s high drinking level. Sentencing factors favorable to o are recognized as erroneous and reflective. Health is not good. o or other factors of sentencing under Article 51 of the Criminal Act are set as the order, taking into account the sentencing conditions under Article 51 of the Criminal Act.