A defendant shall be punished by imprisonment for six 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 April 18, 2016, at around 01:45, the Defendant driven BF truck with alcohol concentration of about 0.098% while under the influence of alcohol without a driver’s license at a section of about 300 meters from the day of singing to the day of the outer king of the road, which is in knowledge of the trade name in the Kimhae-si, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the detection of a driver at driving, report on the circumstances of the driver at driving, notification on the completion of correction, and inquiry into the results of crackdown on drinking driving;

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

1. Driving under the relevant legal provisions concerning criminal facts: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she had been sentenced to a fine once due to a violation of the Road Traffic Act (driving without a license), and was sentenced four times due to a violation of the Road Traffic Act (driving without a license). The fact that the amount of alcohol concentration in blood during driving of the instant case is adjacent to the degree of revocation of a license is the reason for sentencing unfavorable to the Defendant.

However, the sentence like the order shall be imposed in consideration of the favorable reasons for sentencing, such as the defendant's mistake, the fact that the defendant has no record of criminal punishment heavier than a suspended sentence, and other factors such as the age, sex, motive, means and consequence of the crime, and the circumstances after the crime, etc. under Article 51 of the Criminal Act.