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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 6 million on August 21, 2014, and a fine of KRW 5 million on October 8, 2013 as a crime of violating the Road Traffic Act (driving alcohol) in support of Sungnam-gu Friwon, and the same kind of criminal records as the Defendant was sentenced to a fine of KRW 5 million on October 8, 2013 as a crime of violating the Road Traffic Act (driving alcohol).

[2] The Defendant was under the influence of alcohol content of 0.10% in blood without a driver’s license, and was driving the B passenger car at a 3km section in front of the convenience store located 4-26-o-ro, Yeongi-gu, Young-si, Young-si, on May 24, 2017, on the road where it is difficult to know about the flow route of Youngwon-si around 04:40 on May 24, 2017.

As a result, the Defendant, who was punished twice or more by driving a motor vehicle while under the influence of alcohol, was driving a motor vehicle while driving the motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver placed in the main place, photograph of the vehicle under consideration, and the register of driver's licenses;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Suspension of execution under Article 62(1) of the Criminal Act ( favorable circumstances of the grounds for sentencing), which is unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act, - pleasure of the nature of the crime for which drinking was driven under a non-licenseed condition. - The Defendant has the history of having been punished several times for the same crime. - The Defendant’s blood alcohol concentration is high.