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 8, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 4 million for the same crime at the same court on November 9, 2014, respectively.

피고인은 2015. 12. 28. 21:26 경 자동차 운전면허 없이 혈 중 알콜 농도 0.122% 의 술에 취한 상태로 청주시 오 창 읍 부근에서 같은 시 청원 구 두릉유리로 뽈 리나 어린이집 앞 도로까지 약 40km 구간에서 B 포터 화물차를 운전하였다.

Accordingly, the Defendant, who violated the duty of prohibition on driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

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 details and results of the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act, the court shall determine the same sentence as the order against the defendant, taking into account the following factors: (a) details of the crime; (b) circumstances after the crime; (c) the driving distance of drinking alcohol; (d) the measurement of drinking; (c) the same criminal record;

It is so decided as per Disposition for the above reasons.