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 of the final judgment.

Punishment of the crime

[2014 Highest 2206] On May 18, 2014, the Defendant driven D Poter II cargo in the state of alcohol alcohol concentration of about 0.13% from the 1km section from the date of the plastic house in the Mandong-gu, Nam-gu, Chungcheongnam-si to the date of the dry Dominium located in the same Ri.

[2014 Highest 2508] Criminal power Defendant was issued a summary order of KRW 2 million at the Gwangju District Court on October 6, 201, as a crime of violation of the Road Traffic Act (driving). On May 18, 2014, the Defendant was prosecuted at the Gwangju District Court on June 30, 2014, and the Defendant violated the prohibition of drinking driving twice as above.

On July 22, 2014, the Defendant, while under the influence of alcohol by 0.124% without a driver’s license on July 22, 2014, driven a 500-meter DNA cargo vehicle from the Southern-gu Busan metropolitan area to the front day of the monthly elementary school located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement of each owner driver and the driver's license register of each motor vehicle;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Article applicable to criminal facts;

(a) Driving under influence on May 18, 2014: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

(b) Driving under influence on July 7, 2014: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act.

(c) Operation without a license: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant committed each of the crimes of this case, despite the fact that the defendant had committed six times a total of the grounds for sentencing under Article 62-2 of the Criminal Act, and in particular, the defendant committed the same crime immediately after the defendant was prosecuted for the preceding crime. In light of the fact that the defendant committed the same crime, the defendant shall be punished strictly.