A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On September 2, 2013, the Defendant was sentenced to a suspended sentence of two years for a year from the date of imprisonment with labor for a violation of the Road Traffic Act due to a violation of the provisions of the said Act, and two years from the same support on August 26, 2016, to a suspended sentence of six months from the date of imprisonment with labor for a violation of the said Act.

On November 24, 2016, the Defendant, without obtaining a driver’s license at around 00:30 on November 24, 2016, driven a Clearning vehicle at the section of about 10km from the head of Sinsan-si where it is impossible to identify the trade name located in the part of the unit of Sinsan-si, under the influence of alcohol concentration of 0.189%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The circumstantial statement of the employee;

1. Drinking, dump accelerator;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports (report on attachment of judgment on the suspension of the execution of a suspect), and statutes;

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. The Defendant’s age, character and conduct, environment, background of the instant crime, circumstances after the instant crime, etc. are committed, which reflects the reason for sentencing of selective sentence of imprisonment, and thus, the instant drinking operation was conducted during the period of suspension of execution due to the crime of violation of the Road Traffic Act.