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

Punishment of the crime

On January 30, 2018, the Defendant received a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) from the Busan District Court's branch branch, and on February 19, 2018, the Defendant received a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) and received a fine of KRW 5 million from the same court on two occasions.

On June 23, 2018, at around 23:15, the Defendant driven a D Hyundai Bero truck without obtaining a driver's license from the section to the front road of C real estate located in B, which is located in B, from the Japanese orebal beach in the city of Busan, the U.S., the Defendant driven a truck under the influence of alcohol concentration of 0.247%.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation results report, report on the state of driver's status, investigation report, investigation report (report on the state of the driving of a motor vehicle), inquiry into the results of the control of drinking driving, report on the state of driving of a motor vehicle, and register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on criminal investigation reports (attached to summary orders of the same kind of force of a suspect);

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. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant was issued a summary order of KRW 5 million on January 30, 2018 due to a violation of the Road Traffic Act or a violation of the Road Traffic Act (unlicensed Driving) in the Busan District Court’s branch branch branch branch; (b) the Defendant committed the instant crime on February 19, 2018; (c) the Defendant was issued a summary order of KRW 5 million on February 19, 2018; (d) the Defendant driving of the Defendant is not only a truck with a higher risk than a car; and (e) the Defendant’s driving of the vehicle is a truck related to the same truck as in the instant case; and (e) each blood alcohol concentration of KRW 0.172% and KRW 154% at the time of the instant crime is also 0.172% on November 2, 2017 and on February 2017.