A defendant shall be punished by imprisonment for not less than eight 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 October 17, 2015, the Defendant: (a) driven under the influence of alcohol with 0.106% in blood on October 17, 2015; and (b) driven under the influence of alcohol with 0.096% in blood on October 31, 2015; (c) accordingly, on January 28, 2016, the Defendant was under the control of driving under the influence of alcohol on the condition of 0.096% in alcohol; and (d) accordingly, the Defendant was a person who violated the provision on the prohibition of drinking by having been sentenced to a fine of KRW 10 million at least twice by the ordinary military court of the 12th common military court of the Army on January 28, 2016.

On March 23, 2017, the Defendant driven Dworka car with alcohol content of about 0.110% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from a section of about 500 meters in the direction of Daegu Science and Technology located in the same Dong on the roads adjacent to the Yellow-gu Yellow-gu Yellowdong around the same day.

around 15:30 on April 1, 2017, the Defendant driven a Drocketing car without the driver’s license from the front day of the “Korea Electric Power Corporation” located in Busan-dong, Busan-gu, to the front day of the “Korea Electric Power Corporation” located in the same location.

Summary of Evidence

[2017 Highest 1802]

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. A previous conviction in judgment: A written reply to inquiries, such as criminal history, and details of inquiry about management of a primary report on inquiry;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of imprisonment with prison labor chosen;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The defendant of the same reason for sentencing under Article 62-2 of the Criminal Act is the same crime.