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.

Criminal facts

[criminal history] On July 2, 2012, the Defendant is a person who violated Article 44(1) of the Road Traffic Act at least twice by receiving a summary order of a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (driving alcohol), and a fine of KRW 2 million as an identical crime from the Sungnam branch support on November 30, 2015.

[2] On December 9, 2017, the Defendant driven two cargo vehicles of Category C while under the influence of alcohol content of about 0.120% in blood without a vehicle driver’s license on a section of about 450 meters from the road near the Pison Pison cafeteria, which is located in the Pison Don-dong of the wife population, to the 508-29 Pison Don-ro of the same 50 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, the driver's license ledger, and making an inquiry into the vehicle;

1. Photographs of the measuring paper of alcohol concentration at the site and in blood;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same 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 Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act on the following grounds: (a) the Defendant’s act of pening and reflecting the instant crime; (b) appears to have disposed of the vehicle operated; (c) there is no criminal history exceeding a fine; (d) the Defendant caused an accident involving drinking or driving without a license

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;