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 1, 2008, the Defendant was sentenced to a fine of two million won due to a violation of road traffic law (drinking driving) in the Changwon District Court's Jinju branch on August 1, 2008, 1.5 million won as a fine for the same crime in the same court on March 14, 2017, and 7 million won as a fine in the same court on May 26, 2017, respectively.

On November 7, 2017, the Defendant, without a driver’s license, driven C cargo vehicles under the influence of alcohol with approximately 0.066% alcohol level from the 1km section from the front of Jinju-si, B to the short-distance road located in the same lustular road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the confirmation of criminal history of the same kind);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act;

1. 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 which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., the fact that alcohol content in blood is low);

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act with low alcohol content in blood);

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;