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 December 19, 201, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking on drinking), a summary order of KRW 5 million for the same crime from the Changwon District Court on October 8, 2012, and a summary order of KRW 5 million for a fine of KRW 1.5 million for the same crime at the same court on December 10, 201.

[2] On October 13, 2016, at around 00:10, the Defendant driven a motor vehicle with a alcohol level of about 30 meters from the front line of the New Capital Slock, located in the central road of Seongdong-gu, Sungwon-si to the roads adjacent to the same central three-distance, without obtaining a driver’s license, while under the influence of alcohol level of about 0.118%.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and 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 under Article 62-2 of the Criminal Act is that the Defendant had committed a second offense even though he had been already punished three times due to driving under drinking, and the previous offense is within five years from the date of the instant crime.

In addition, the Defendant continued to drive the same vehicle while the license was revoked due to the driving of the front line.

The degree of state practice is less than that of state practice.

subsection (b) of this section.

However, the defendant reflects his fault in depth, and does not repeat again in the future.