A defendant shall be punished by imprisonment with prison labor 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 January 28, 2008, the defendant was issued a summary order of two million won or more for a crime of violating the Road Traffic Act (drinking) in the Busan District Court's Dong branch branch court, and on May 10, 2016, a summary order of four million won or more for a crime of violating the Road Traffic Act (drinking) in the Busan District Court's Dong branch branch court.

At least twice as above, the Defendant driven a B-wing truck under the influence of alcohol level of 0.193% without the driver’s license, from the front side of the “bic shock sing room” located in the north-west-dong in Yangsan-si, Yangyang-si on February 10, 2017 to the front side of the “Tai-si,” which is located in the north-west-dong, Yangyang-si, Yangyang-si, Yangyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Finding and reporting violations of traffic laws on roads, making a statement on the circumstances of drivers of drinking, and making inquiries about the results of regulating drinking;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (verification of the history of punishment for drinking at least twice) Acts and subordinate statutes;

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

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 stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act is disadvantageous to a person who drives a drinking without a license. The crime of this case is not bad, the defendant has three criminal records for the same kind of crime, and the defendant's driving level is relatively high.

However, it is favorable for the defendant to recognize the facts charged and reflect it, and the distance of the defendant's driving is very difficult.

In addition, the defendant's age, sex, environment, means and results of the crime, and after the crime.