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 January 15, 2015, the Defendant issued a summary order of a fine of one million won for a crime of violating the Traffic Act at the Busan District Court on January 15, 2015, and a fine of five million won for a crime of violating the Traffic Act at the same court on May 20, 2015.

On April 26, 2017, the Defendant, without obtaining a driver's license, driven a DNA cargo vehicle at a section of about 2 km from the frequency to which it is impossible to identify the trade name located in the Dong of Busan-gu, Busan-do, under the influence of alcohol content of 0.094% in blood without obtaining a driver's license, to the front of the road of the Busan-gu, Busan-do Agricultural Technology Center.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of criminal history, etc.);

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. 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 on orders to provide community service and attend lectures has a record of being punished by a fine for violating the Road Traffic Act four times, and accordingly, driving under the influence of alcohol without obtaining a license.

However, the Defendant recognized the instant crime and did not repeat the crime.

There is no history of punishment exceeding a fine.

In addition, the defendant's age, sex, environment, motive and background leading to the crime of this case, methods and results of the crime of this case, the circumstances after the crime of this case, etc. shall be comprehensively considered, and all of the sentencing conditions in the arguments of this case and the records shall be determined as ordered.