A defendant shall be punished by imprisonment for not more than ten 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 February 4, 2009, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on February 4, 2009, and on July 8, 2010, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for a violation of the Road Traffic Act (driving).

On March 14, 2014, at around 17:50, the Defendant driven B Poter II cargo vehicles under the influence of alcohol with a blood alcohol concentration of at least 0.126% without obtaining a driver’s license from the Do in front of the Do of the Sinri-si Mari-si, for approximately 100 meters in front of the Dong-gu 395 front road.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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 (including a stay of execution of a sentence), the execution of a sentence shall be suspended only once, considering the fact that the driver's license for a year 2004 was revoked, repeated driving without license after the revocation of the driver's license for a year 2004, and that the blood alcohol concentration level is significant, although it is necessary to impose a severe punishment, it is necessary not to repeat again, and that the wife and a young child are supporting the wife and the young child, etc., and the probation, etc. shall be added to prevent recidivism);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;