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 December 23, 2016, at around 22:30, the Defendant driven two cargo vehicles of Bpter under the influence of alcohol content of about 0.108% in the section of about 70km from the front of the Hemb restaurant located in the Namnam-gu, Namnam-do, Seoul, to the front of the Yansung-gun-gun, the military court of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving of alcohol, statement of the circumstances of the driver driving, inquiry of the results of crackdown on driving of alcohol, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to report internal investigation;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime without being aware of the fact that the Defendant had been punished for driving alcohol or refusing to measure drinking.

In this context, considering the fact that the defendant's driving of drinking and driving without a license is not short, the defendant should be punished strictly, but the suspended sentence shall be imposed only once in consideration of the fact that the defendant reflects the defendant, and that there is no record of punishment exceeding the fine.