A defendant shall be punished by imprisonment for not less than eight 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 June 24, 2008, the Defendant was sentenced to imprisonment for 5 months or 2 years of suspension of execution due to a violation of road traffic law in the Changwon District Court's Jinju branch, and was sentenced to a fine of 4 million won or more due to a violation of road traffic law in the same court on April 6, 2017.

On February 3, 2018, the Defendant, without a driver’s license, driven a Grand Cross at approximately 500 meters section from the front day of actual expenses to the road front of the ambane in the same side while under the influence of alcohol of 0.09% in blood during the blood without a driver’s license, and driving a Grand Cross Cargo at approximately 500 meters from the front day of actual expenses to the road front of the ambane in the same side.

As a result, the defendant had been punished for a crime of violating the Road Traffic Act more than twice, but has retoxicated a motor vehicle while driving the motor vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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);

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to judgment of drinking driving);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 201)

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the cases where there are two preceding years and one time before the latest five years);

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;