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

[criminal history] On September 1, 2014, the Defendant received a summary order of KRW 5 million from the Changwon District Court to a fine of KRW 5 million due to a violation of road traffic laws (drinking), and on December 16, 2016, the same court issued a summary order of KRW 7 million from a fine of KRW 7 million due to a violation of road traffic laws (drinking).

[2] On March 7, 2017, the Defendant driven B cruise car with approximately KRW 400 meters alcohol content 0.131 percent, without obtaining a driver’s license, at a section of about the same 400 meters from the front of the commercial road in the new road in the Dong-si, Changwon-si from March 7, 2017 to the death distance in the same Gu.

As a result, the Defendant violated the provision prohibiting driving of a motor vehicle at least twice, and drives a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes;

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

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. The reason for sentencing of Article 62-2 of the Criminal Act on the duty to observe protection and attend lectures has been that the Defendant committed a second offense without being aware of the fact that he had been punished three times due to drinking driving and four times due to driving without a license.

In particular, the defendant committed repeatedly three times during the last three years, using the same vehicle and driving without a drinking license.

The degree of undertoxicatedness is not somewhat weak.

However, the defendant is going to reflect misunderstanding in depth and not repeat again.

The actual accident did not lead to the actual accident.

existing.