A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

[criminal history] On October 2, 2006, the Defendant received a summary order of KRW 300,000,000 from the Cheongju District Court to a fine for a violation of the Road Traffic Act (driving). On March 3, 2011, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Cheongju District Court.

[Criminal facts] On November 07, 2015, the Defendant driven B Poter cargo under the influence of alcohol with approximately 0.207% alcohol concentration in blood without obtaining a driver’s license in the section of about 3km from around 07, 01:00 to the front of the branch in the new bank north-ro, 143, Cheongju-si, Cheongju-si, Cheongju-si, Seoul, a U.S., where he is located.

Summary of Evidence

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

1. Report on the occurrence of a traffic accident, report on the results of regulating the driving of drinking and report on the circumstances of the driver of drinking;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. The driver's license ledger;

1. Previous conviction in judgment: The application of Acts and subordinate statutes of inquiry about criminal history and investigation report (Attachment to a copy of a summary order);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence: A person who has been punished several times by a fine due to driving under drinking. There is no criminal conviction for the o-friendly sentencing elements: Taking account of the factors of sentencing under Article 51 of the Criminal Act, the sentence is determined as ordered in the same manner.