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.

Punishment of the crime

On December 24, 2009, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act, a summary order of 3 million won by the same court on June 24, 2010, and a summary order of 3 million won by a fine for the same crime, etc. by the same court on June 1, 2015, and a summary order of 5 million won by the same court on June 1, 2015, respectively.

On July 2, 2016, at around 04:15, the Defendant driven B K5 cars while under the influence of alcohol of 0.091% alcohol concentration, without obtaining a driving license for approximately two meters in front of Jinng Agricultural Co., Ltd. located at No. 107-ro 1, Jin-gu, Jinyang-do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 Act is a convenient means of transportation. However, since the dangerous articles may be inferred with a dangerous weapon, a person who operates an automobile is obliged to obtain a license and operate an automobile with due care in normal conditions.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due diligence and physical exercise has been significantly deteriorated, and it is highly dangerous as it may cause serious harm to unspecified persons.

In light of the fact that the defendant had already been punished three times due to drinking driving of this case, he is again driving of this case and driving without a license, a strict punishment is needed.

However, it is true that the defendant is able to repent of wrong facts.