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 October 18, 201, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act at the Suwon Franchising Board on October 18, 201, on June 24, 2014, a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (toxicly Driving) and a violation of the Road Traffic Act (non-licenseless Driving), and on June 3, 2015, the same court issued a summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act (non-licenseless Driving).

[Criminal facts] On December 28, 2016, the Defendant driven C Poter Cargo at the section of about 10km from the Gu-grax distance to the 3rd road of about 281 square meters at the same time, in a state of 0.094% alcohol level during blood without a driver’s license, at around 01:12, the Defendant driven C Poter Cargo at the section of about 10km from the Gu-grax distance to the 3rd road of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, field photographs, the 112 report processing table, the driver's license register, and the next written inquiry;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, attachment of a summary order of the same case, investigation report (report on the confirmation of the previous personal 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. Circumstances favorable to the accused for sentencing of Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Protection, Observation, etc. of Social Service and Order to Attend Courses are as follows:

The defendant is deeply divided into and reflected in the crime of this case.

There is no record of criminal punishment exceeding the fine against the defendant.

Circumstances unfavorable to the defendant are as follows:

The defendant seems to have been under the influence of alcohol in the vehicle operated at the time of the crime of this case.

The criminal records in the judgment of the defendant.