A defendant shall be punished by imprisonment for six 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.

Criminal facts

On April 27, 2007, the Defendant was issued a summary order of a fine of three million won due to a violation of road traffic law (drinking) in the support for the childbirth of the Suwon Friwon method, and on July 20, 2016, the Defendant was sentenced to a fine of five million won due to a violation of road traffic law (drinking) from the above support on July 20, 2016, and was in violation of Article 44(1) of the Road Traffic Act on at least two occasions.

On December 22, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle, driven the B-wing truck at a section of about 300 meters from the 300-meter radius to the front day of the Heung-dong in Jeju-si, in the state of alcohol concentration of 0.130%.

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. Previous convictions: Inquiry about criminal history, reporting on the results of confirmation of the previous convictions and reporting on investigation (the previous and the previous 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 grounds for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, sex, environment, circumstances leading to the instant crime, means and results thereof, circumstances after the instant crime, both similar cases, and other various conditions of sentencing that are shown in the pleadings of the instant case. In particular, the following circumstances should be taken into account: The Defendant committed the crime of drinking alcohol even though he had a history of driving alcohol.

The favorable circumstances: The defendant led to the confession of the crime of this case and recognized his mistake.