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

On August 4, 2016, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking) at the Chuncheon District Court on August 4, 2016, and a fine of KRW 2 million for the same crime on January 18, 2013.

On October 29, 2016, the Defendant driven a motor vehicle of about 7 km from the vicinity of the Il Apartment apartment located in the compost-dong in Chuncheon-si to the 877-lane of Chuncheon-si, without obtaining a driver's license, while under the influence of alcohol level of 0.089% among the blood transfusion around 00:15, the Defendant driven a motor vehicle of about 3 km in the section of about 7 km from the beginning of the Gancheon-si to the front of 877km.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol, reports on the circumstances of drivers of drinking alcohol, and control photographs;

1. Report on the ledger of driver's licenses and the circumstances of driver's licenses;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (Attachment of the same summary order) and application of three copies of the summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Order to Attend a Vehicle is not only the defendant driving the vehicle while his/her driver's license was revoked, but also the defendant committed the instant crime even though he/she had been punished three times due to the crime of drinking driving, which is the same kind of crime in the past.

On the other hand, the fact that there is no additional risk such as traffic accidents during the driving of the instant case, the fact that there is no criminal history exceeding the fine imposed on the Defendant, and the fact that the mother of the age of 90 is selling is a sentencing factor favorable to the Defendant.

(b) other.