A defendant shall be punished by imprisonment for not more than ten 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

On August 12, 2010, the Defendant was issued a summary order of KRW 1,00,000 as a crime of violating road traffic law (drinking driving) at the Changwon District Court Jinwon Branch on August 12, 2010, and was issued a summary order of KRW 1,50,000 for the same crime at the same court on April 9, 2013, and was sentenced to a fine of KRW 7,00,000 for the same crime at the same court on December 14, 2016.

The Defendant, as above, has violated the provision prohibiting driving of alcohol twice or more, driven CPoter II cargo vehicles at approximately 7 km from around the 20k section before the Korean International University located in the Gapo-dong in the Gapo-si, Seopo-si, Sin-si, on December 28, 2016, under the influence of alcohol content of 0.134% at around 20:30, while under the influence of alcohol during blood transfusion, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (a copy of summary order);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in the crimes of violating the Road Traffic Act as stated above with more severe punishment);

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. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;