A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

[criminal power] On January 17, 2013, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Busan District Court’s branch branch branch branch on January 17, 2013, and a fine of five million won for the same crime at the Ulsan District Court on July 24, 2014.

【Criminal Facts】

On August 10, 2015, at around 22:56, the Defendant driven a B Car with blood alcohol concentration of approximately 0.068%, without a vehicle driver's license, on the part of approximately 100 meters, from the roads near Samyang-gu, Seoyang-gu, Goyang-dong, Goyang-gu to the front road.

Summary of Evidence

1. Defendant's legal statement;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, inquiry reports or investigation reports (including attachment of a summary order (including attachment of a summary order);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures has already been sentenced to four times or more due to drunk driving (in the last three years, two times or more or more have been sentenced), and the defendant has already been sentenced to suspended sentence by taking into account favorable circumstances, such as the nature of the crime and the high risk of recidivism, since the crime is not good and the risk of recidivism is high, the defendant is selected and punished by imprisonment at this time, but the degree of recidivism is not high. The defendant's mistake is pened and reflected, and there has been no history of punishment exceeding a fine so far.

In addition, the distance and place of driving without a license, the background of driving without a license for drinking, the age, character and conduct of the defendant.