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

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

Punishment of the crime

On October 20, 2009, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) at the Daegu District Court, etc. On January 25, 2010, the Defendant was issued a summary order of KRW 3 million due to the same crime at the same court on January 25, 2010, and on June 29, the Defendant was sentenced to a summary order of KRW 3 million due to the same crime at the same court on June 29, 2012 and violated Article 44(1) of the Road Traffic Act on two or more occasions.

On November 9, 2018, at around 21:40, the Defendant driven a Fpoter freight vehicle with approximately 800 meters of alcohol concentration of 0.083% under the influence of alcohol without a driver’s license until the front three distance of the E elementary school located in D, in front of the C convenience store located in Busan City.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Inquiries and the application of Acts and subordinate statutes on investigation reports (verification of the same criminal records as the suspect);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment as ordered shall be determined by taking into consideration various circumstances shown in the pleadings of this case, such as the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., which are shown in the arguments of this case, as follows: The confession is made in favor of the fact that there has been several records of punishment for the same kind of crime: the blood alcohol concentration has not been significantly high; the last punishment record has not been exceeded six