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

Punishment of the crime

On April 3, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Jinju branch on April 3, 2013, and on December 12, 2013, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the same court.

On October 03, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 23:33, the Defendant, while under the influence of alcohol content of 0.186% in blood, driven a motor vehicle of Category C and 1 ton of the motor vehicle at the section of approximately 2 km in front of the Taeduk Village in the same military field of high-speed jun in the same military field, from the singing of the Republic of Korea to the front of the Taeduk Village in the same military field of high-speed.

As a result, the Defendant violated it more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again drive the said cargo under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of drinking control;

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 and the driver without license);

1. The driver's license ledger;

1. Previous convictions: Investigative inquiries about criminal history and investigation reports (applicable to the previous convictions and the Acts and subordinate statutes thereof);

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. 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. 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;