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

3.

피고인은 2016. 5. 2. 20:30 경 나주시 대호동 대방아파트 부근 상호를 알 수 없는 식당 앞 도로에서부터 나주시 금천면 원곡 리에 있는 미곡 촌 앞 도로에 이르기까지 약 1km 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알콜 농도 0.150% 의 술에 취한 상태로 B 포터∥ 화물 차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and application of statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant 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 suspended execution;

1. There is a record of punishment twice (2010, 2010, 2011) due to the driving of drinking alcohol for the reasons of sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order and order to attend lectures, and two times (2010, 201) due to driving without a license.

In blood, alcohol concentration is high.

However, there is no record of punishment since 2011.

In addition, comprehensively taking into account all the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered (the sentencing criteria shall not apply to a crime for which no sentencing guidelines have been set).