A defendant shall be punished by imprisonment for six 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 October 23, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (dacting driving) in the Gwangju District Court’s Support on 2009, and on September 27, 2011, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (dacting driving) in the same court.

[2] Although the Defendant had been punished for a violation of the Road Traffic Act (driving) more than twice as seen above, the Defendant driven C truck in the section of approximately 21 km from the Defendant’s house located in Yong-gun, Namnam-gun, Namnam-gun, Seoul, to the 8-55 degree of surrogate payment, both of which were under the influence of alcohol with a 0.068% alcohol concentration in blood around September 15, 2017 without a motor vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. (A), a statement of the circumstances of the driver's license of the vehicle, a report of the situation of the driver's license of the vehicle, a report of the situation of the driver's license without permission, a notification of the results of regulating the driving of drinking, and inquiry

1. Investigation report (with respect to the situation report of the main driver, the distance of the vehicle driven by the victim, etc.);

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, etc., a copy of an investigation report (Attachment of a summary order), and application of three copies of a summary order;

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. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished twice due to drinking driving, and once due to driving without a license, again committed the instant crime.

Although severe punishment should be imposed, the defendant reflects his mistake, there is no record of punishment exceeding the fine, and the defendant's age, sex, environment, circumstances after the crime, and other circumstances after the crime.