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 May 1, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million by the same court on June 20, 2014, respectively.

On April 20, 2016, around 22:15, the Defendant driven BK seven vehicles with alcohol content of about 0.056% while under the influence of alcohol without a vehicle driver’s license at a section of approximately 1km from the nearby elementary school to the front of the 76th,00-day pharmacy of the same month from the 76th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, 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 imprisonment with prison labor chosen;

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. It is so decided as per Disposition in consideration of the following: (a) the reason for sentencing under Article 62-2 of the Criminal Act including the protection observation and attendance order and the fact that two times a fine has already been imposed due to driving of drinking alcohol and driving without a license; and (b) the degree of alcohol in blood and the fact that there is no previous conviction heavier than a fine.