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

[criminal history] On May 11, 2009, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the original state branch of the Chuncheon District Court, and on December 20, 2016, the Jeju District Court issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court.

[2] On April 10, 2017, the Defendant driven a Chyke and flobbing truck under the influence of alcohol content of about 0.077% without a driver’s license from around the road in front of the Defendant’s residence in Jeju City, to the road in front of the market, on April 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

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

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 (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

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

1. In addition to the previous conviction in the judgment of the Defendant, the Defendant had been punished for driving without a license for drinking alcohol, despite the fact that the Defendant had been sentenced to the reasons for sentencing under Article 62-2 of the Social Service Order Act, once again driving without a license.

In addition, the sentencing conditions, such as the background of the instant crime, the alcohol concentration during the blood at the time of the instant crime, and the Defendant’s age, environment, and circumstances after the crime, shall be determined by taking into account, and the sentence as ordered.