A defendant shall be punished by imprisonment for not more than ten 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 August 2, 2007, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating road traffic law in the support of the Daejeon District Court on the Incheon District Court on August 2, 2007, and a fine of KRW 4 million for a crime of violating road traffic law in the support of the Daejeon District Court on December 12, 2016.

[2] Although the Defendant violated a provision prohibiting driving of alcohol twice or more, the Defendant again driven B-type truck under the influence of alcohol leveling 0.126% of alcohol level while under the influence of alcohol leveling 0.126%, without obtaining a driver’s license, from the front side of the Yeine belt cafeteria, which is in the new principle of the budget Eup in the Chungcheongnam-nam Budget-gun, Chungcheongnam-do, Chungcheongnam-si, Seoul, to the front side of the 358 Sinsan City hot spring, on June 20, 2017 to the front side of the 358 Sinsan City hot spring.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

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 in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 on orders to provide community service and attend lectures has already been punished for drinking alcohol or non-licenseless driving over several times, and again, the crime of this case is committed: Provided, That the defendant is against his/her wrong recognition, the defendant has no record of criminal punishment heavier than his/her fine, and other various sentencing conditions such as the defendant's age, sexual conduct, motive and means of the crime, and circumstances after the crime, etc. shall be determined as ordered by taking full account of the following factors: