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 August 29, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Frigwon, and a summary order of KRW 3 million for the same crime in the same court on December 22, 2015, respectively.

[2] On August 17, 2017, at around 14:11, the Defendant driven B truck under the influence of alcohol concentration of about 0.259% without obtaining a driver’s license from a section of about 400 meters, from the front of a cafeteria of “Saean” to the road near the entrance of the village in the Gyeongan-gun, Haan-gun, Haan-gun, the legal waters of the Republic of Korea, at around 14:1, 201.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Making a statement on the circumstances of a driver who is engaged in driving, making a measurement of the driver's drinking, making a report on detection of the driver who is engaged in driving, and making inquiries about the results of

1. The driver's license ledger;

1. On-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to a summary order attached to the suspect's previous history);

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

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

An unfavorable circumstance: Three times as a crime of violating the Road Traffic Act.