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 August 2, 2007, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic laws (drinking driving) at the Jeonju District Court on August 2, 2007, and on January 25, 2016, the same court was sentenced to a fine of KRW 5 million due to a violation of road traffic laws (drinking driving).

Nevertheless, on May 16, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on May 16, 2016, driven the CPoter-II truck at approximately 3km from the front day of the gold-gu, Geum-gu, Kim Jong-gu to the front day of the 1102-round road, while under the influence of alcohol by 0.125% of the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A request for appraisal, response to a request for appraisal, a written appraisal of alcohol during blood, or a report on the detection of a driver involved in the alcohol;

1. Detailed driver's license details;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to each investigation report (Attachment to the same criminal record and final judgment of the suspect

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for the observation of protection, community service, and order to attend lectures - Circumstances unfavorable to the defendant: Four times a criminal record of the same kind (driving of alcohol) and the crime of this case again within a short time after being punished due to drinking accidents on January 25, 2016 - There are no criminal records of the same kind or more favorable to the defendant: The serious reflectness of circumstances: the absence of criminal records of the same kind or any other condition attached to the sentencing under Article 5