A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 19, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Southern Branch of the Gwangju District Court on July 19, 2010, and on January 27, 2015, the same court received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving).

Although the Defendant had been punished for committing a violation of the Road Traffic Act (driving) on two occasions, the Defendant driven a Cwing-III truck under the influence of alcohol leveling 0.123% of alcohol level without a driver’s license at a section of about 500 meters from the front of the office of the Chungcheongnam-do Eup located in the Donnam-do, Namnam-do, Namnam-do prior to February 28, 2016 to the front of the Choyang-ri located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and the register of driver's licenses;

1. An explanatory note;

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, a written confirmation of investigation (the previous confirmation of the previous history), a list of relevant cases, and application of summary orders under the statutes of Part III;

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. The reason for sentencing under Article 62(1) of the Criminal Act is high possibility of criticism in that the Defendant committed the instant crime even though he/she had been punished twice or by drinking driving, etc.

However, the sentence shall be determined as ordered in consideration of the fact that the defendant is against his/her gender, support his/her family, and all the sentencing factors revealed in the trial process of this case.