A defendant shall be punished by imprisonment for not less than eight 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 April 9, 2007, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Daegu District Court, and was sentenced to a summary order of two million won for a crime of violating the Road Traffic Act at the Seog Branch of the Daegu District Court on January 5, 201. On May 6, 2015, the Defendant received a summary order of ten million won for a crime of violating the Road Traffic Act at the Suwon District Court on May 6, 201.

A person who violated Article 44(1) of the Road Traffic Act not less than twice, as stated in the record of the above crime, was driving B-type cargo vehicles under the influence of alcohol concentration of about 0.077% in blood alcohol level without obtaining a driver’s license from a forestry cooperative parking lot located in the Young-dong, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, 2016 to the front road of the two factories in the United Nations T-Tex No. 2 in the above Young-dong, Young-gu, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Records of crime: A reply to inquiry, such as criminal history, a report on investigation (the list of evidence Nos. 10), and judgment attached thereto, and application of the summary order statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

2. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment).

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [unfair circumstances] was already punished by a fine on several occasions by committing the same kind of crime, and the Defendant had the record of having been punished by a suspended sentence due to the crime of driving without a license in 2004, the same crime in 2005, etc., while the Defendant was punished by a fine for the crime of causing a traffic accident while driving under the influence of alcohol in 2015.