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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 16, 2006, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to a violation of road traffic law in the Jinwon District Court's Jinwon District Court's Jinju branch, and on March 25, 2015, the Defendant was sentenced to a fine of 2 million won due to a violation of road traffic law in the Changwon District Court's Minsan branch.

On February 19, 2018, without obtaining a driver's license for a motor vehicle, the Defendant driven D Poter truck from the front road of Jinju to the front road of about 40 meters from the 103rd road of Jinju to the 103rd road of Jinju City while under the influence of 0.101% alcohol level in the blood.

As a result, the Defendant, even though he had been punished more than twice as a crime of violating the Road Traffic Act, was driving a motor vehicle under the influence of alcohol again, while driving a motor vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Investigation report (with respect to the determination of alcoholic content property in the blood);

1. Previous convictions: Application of inquiries about criminal history and investigation reports (Attachment to the previous convictions and court rulings, etc.);

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 a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006)

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act only once in the last three years);

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;