A defendant shall be punished by imprisonment for one year.

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

[criminal history] The Defendant received a summary order of KRW 500,000,000 as fine for the same crime from the Chungcheong Branch of the Cheongju District Court on May 19, 2008, as a crime of violating the Road Traffic Act (drinking) at the Goyang Branch of the Cheongju District Court on May 27, 201, and KRW 2,00,000 as fine for the same crime in the same court on November 6, 2012.

[2015 Highest 503]

1. On October 22, 2015, at around 22:55, the Defendant driven a C car with alcohol content of at least 0.136% while under the influence of alcohol without obtaining a driver’s license from the front day of the trade influence in Yeonsu-si, Chungcheongnam-si, Chungcheongnam-si to the front day of the founding Ambassador-dong in the same month.

[2016 Highest 60]

2. On January 24, 2016, at around 23:43, the Defendant driven C car string in the state of under the influence of alcohol concentration of about 0.085% while under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from the front day of the restaurant of the “sloping gate,” located in the Geum-gu, Geum-gu, Chungcheongnam-gun, Chungcheongnam-gun, Geum-gu, Geum-gu, Seoul, to the front day of the “sloping gate,” located in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Inquiry letter of driver's license and the ledger of driver's licenses;

1. Inquiries about the results of regulating driving of drinking, reports on the circumstances of drivers of drinking, and notification of the results of regulating driving of drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (to be bound with summary orders, etc. against the same type of crime);

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

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Sentencing Article 62-2 of the Criminal Act on the observation of protection, community service and order to attend lectures.