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.

Criminal facts

【The Defendant was sentenced to a fine of KRW 1.5 million on January 14, 2008 to a fine of KRW 1.5 million on April 25, 2014, a fine of KRW 3.5 million on April 25, 2014, and a fine of KRW 5 million on November 10, 2016 at the Busan District Court’s Busan District Court as a crime of violation of Road Traffic Act (driving).

(1) On August 13, 2017, around 00:50, the Defendant driven B Poter II cargo vehicle while under the influence of alcohol with approximately 0.064% alcohol level without obtaining a driver’s license from the middle apartment road near the Suwon-dong, Busan, to the front day of the Poter apartment at approximately 1.5km in the same way as the old training.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the vehicle, report on the circumstances of driving without a license, report on the circumstances of the driver of the vehicle and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 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 with heavier punishment);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, when the person was punished for three-way drinking driving prior to the sentencing of Article 62-2 of the Criminal Act, it constitutes three-way driving under the influence of alcohol again, and the overall drinking is the fourth drinking driving, and the driving under the influence of alcohol.