A defendant shall be punished by imprisonment for a term of one year and two 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.

Criminal facts

[criminal history] The Defendant is a person who has been punished for driving alcohol at least twice on December 29, 2009, by being sentenced to a fine of KRW 2 million due to the same offense in the Seoul Northern District Court on September 23, 201, by being sentenced to a fine of KRW 5 million due to the same offense in the Seoul Northern District Court on March 27, 201, and by being sentenced to a fine of KRW 5 million at the Seoul Western District Court on March 27, 2013.

[2017 Highest 379] On May 19, 2017, the Defendant driven C1 ton cargo at a section of about 800 meters up to 164 ST1939, a permanent university, in front of an influent restaurant near the hospital, who was under the influence of alcohol level of 0.214% in a permanent city of 0.214% in a light of alcohol level in around 2017.

[2017 Highest 841] On August 21, 2017, the Defendant driven the said cargo while under the influence of alcohol level 0.407%, without obtaining a driver’s license, at approximately 20 meters in the E coffee parking lot located D at permanent residence around 14:22 on August 21, 2017.

Summary of Evidence

[2017 Highest 379]

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A statement of alcohol alcohol during blood (2017 highest 841);

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (as to the situation of on-site mobilization and measurement of drinking);

1. Investigative into the ledger of driver's licenses and the main office;

1. A response to a request for appraisal (the records of the judgment);

1. Application of an inquiry letter, such as criminal history, and a written inquiry report (recognating three times the same criminal suspect's drinking alcohol, written indictment, and reporting of the same criminal records and attachment of written judgments);

1. Article 148-2 (1) 1, Article 44 (1) (hereafter referred to as "driving" in this Article), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning 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 (The following consideration shall be given to the circumstances favorable to the reasons for sentencing, family relations, etc.);

1. Protection observation;