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 December 14, 2007, the Defendant was sentenced to a fine of KRW 4 million for a violation of road traffic law (drinking driving), etc. at the Incheon District Court’s Busan District Court’s Branch on September 21, 2012, and a fine of KRW 5 million for the same crime at the Incheon District Court’s District Court on September 21, 2012, and a fine of KRW 5 million for the same crime on March 13, 2013, respectively.

On August 4, 2017, 22:25, the Defendant driven a c-wing truck under the influence of alcohol content of 0.077% while under the influence of alcohol without obtaining a driver’s license from approximately 500 meters distance to the front road of the Gyeyang Middle School.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (prior convictions before drinking);

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 reason for sentencing of Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend a lecture, is that the Defendant already imprisoned three times of drinking, re-influence of the instant crime in a state with no license license, and that the Defendant runs away to avoid detection.

However, the sentencing conditions indicated in the records, such as the defendant's age, sexual conduct, family relationship, etc. shall be comprehensively considered in light of the fact that the defendant confessions and reflects the defendant, the degree of his/her main occupation is relatively weak, the fact that there is no previous conviction exceeding the fine, and the punishment shall be determined like the order.