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

[criminal history] On November 13, 2007, the Defendant issued a summary order of KRW 2.5 million at the Jeonju District Court for a violation of road traffic law (drinking driving), and on November 30, 2010, a summary order of KRW 3 million was issued for a violation of road traffic law (drinking driving), etc.

[2] On July 3, 2016, around 20:25, the Defendant driven D Poter cargo while under the influence of alcohol leveling 0.141% without obtaining a driver’s license from approximately 20km section from the front of the Defendant’s house located in North-gun C to the same military non-Eup, and instead, from the long-term winder of Korea to the front of the Ka Center, the Defendant driven D Poter truck under the influence of alcohol leveling 0.141%.

Accordingly, the Defendant, without obtaining a driver’s license, has violated the prohibition of drinking at least twice, and has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report (1) (2) (2)

1. A copy of the ledger using a drinking-free measuring instrument, a report on detection of a driver of a primary driving, and a report on the situation of driving a primary driving;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the judgment, etc. on the same type of crime);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Circumstances unfavorable to the accused: The degree of the driving of the driving of the drinking and non-licensed driving, three times the same and five times (three times the driving of drinking and non-licensed driving, and two times the non-licensed driving) including one time of probation after 200, and the degree of the driving of the drinking (the alcohol concentration in the blood transfusion 0.