A defendant shall be punished by imprisonment for not less than eight 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 January 26, 2004, the Defendant issued a summary order of KRW 1 million at the Ulsan District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, KRW 3.5 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on January 5, 2005, KRW 3.5 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on April 22, 2013, KRW 4 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on April 22, 2013, and KRW 3 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on October 22, 2013.

On August 9, 2015, at around 07:00, the Defendant driven B Poter truck under the influence of alcohol with a blood alcohol concentration of at least 0.097% without obtaining a driver’s license from a section of about 7 kilometers from front and rear-gu to the sex distance in the same city of north-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the notification of the results of the crackdown on drinking driving, and the circumstantial statement of the drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant repeats the same kind of crime even though he had the record of being punished four times due to drunk driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drunk driving shall be punished more strictly.

The defendant is waiting to commit a crime and is against the defendant, the defendant has no criminal records of the same kind as the suspended execution.