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

[criminal history] On May 6, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Cheongju District Court, and KRW 3 million as a fine at the Cheongju District Court on January 5, 2016.

[2] On April 14, 2016, around 01:38, the Defendant driven a C-wing truck while under the influence of alcohol with about 300 meters at a distance of about 00 meters from the front of the “didumin,” located in 10-gil 15,000,000,000, to the front of the vessel located in 51,000,000,000,000.

As a result, the defendant was punished as a crime of violating the Road Traffic Act more than twice, and driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. An unfavorable circumstance for sentencing under Article 62-2 of the Criminal Act: The defendant is judged to have high risk of re-offending by drinking alcohol and driving without a license despite the fact that he/she had been punished several times for driving drinking, and circumstances in which alcohol level is relatively high at the time of the crime of this case: The defendant recognized and reflects the crime of this case, taking into account all the above circumstances and the defendant's age, sex behavior, environment, circumstances, means and consequence of the crime, and the circumstances after the crime of this case.