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.

Criminal facts

1. The Defendant of the 2014 Highest 2095 case, without obtaining a driver’s license, driven a motor vehicle in the form of alcohol of 0.082% of blood alcohol concentration, and around August 20, 2014, the Defendant driven a motor vehicle in the area of approximately KRW 500 meters from the Do located in the port-dong and Dong Dong-dong, Seoyang-si, Busan Metropolitan City on August 20, 2014 to the road in the front of the department store.

2. The Defendant, without a driver’s license, driven a motor vehicle of approximately 2 km from the Do in front of the dialogue base in the Yongsan-gu Blyang-si Blyang-si dialogue 130-14, on August 21, 2014, while under the influence of alcohol of 0.183% of blood alcohol concentration without a driver’s license, and operated a motor vehicle of about 30-14 meters from the Do in front of the dialogue base in the Goyang-si Blyang-si dialogue 130-53 on August 21, 2014.

Summary of Evidence

1. Statement by the defendant in court;

2. Report on the results of the drinking driving control, and a driver's license inquiry;

3. Application of Acts and subordinate statutes to the brewing driver report and license ledger;

1. Article 148-2 (2) 3, Article 44 (1), subparagraph 1 of Article 152, and Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts of the crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each sentence of imprisonment with labor;

4. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act.

5. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant committed the instant crime even though he/she had been punished several times in the past, and in particular, the fact that drinking driving is not likely to cause serious human damage by causing large traffic accidents, etc., which are disadvantageous to the Defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant is both aware of the facts charged in this case and reflects the fact that the defendant is receiving medical treatment after blood cancer diagnosis and supports his family while economic situation is difficult.

Furthermore, the age, character and behavior, environment, etc. of the defendant.