A defendant shall be punished by imprisonment for six 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 October 4, 2006, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court's Jinju branch on October 4, 2006, and on December 15, 2015, the same court received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving).

On October 14, 2016, around 18:20, the Defendant driven a C-wing truck owned by the Defendant with alcohol content of 0.127% while under the influence of alcohol without obtaining a driver’s license from the front side of the Sejong-ri Village, Chocheon-si to about 101, the same area of 4 kilometers in front of the same surface of the road.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice, and drives a motor vehicle under the influence of alcohol without obtaining a driver’s license in violation of it.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driver's license of the main driver, the vehicle register, and the driver's license register of the motor vehicle;

1. Previous conviction: Inquiry about criminal history and application of the same summary order Acts and subordinate statutes;

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. 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 order to attend a course under Article 62-2 of the Criminal Act;