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 May 11, 2017, at around 02:45, the Defendant driven a B-hand motor vehicle with alcohol content of at least 0.225% while under the influence of alcohol without obtaining a driver's license from the 4km section around the Gambre Station located in the Gambro-dong of Busan, to the roads near the Gambre Station located in the same Geumdong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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 regarding the order to provide community service and attend lectures has again been punished several times for the same crime, and thus, the defendant again went to the crime of this case. As such, the defendant was sentenced to imprisonment as a fine because it is difficult to achieve the purpose of punishment, the defendant appears to reflect the defendant's attitude. In addition, considering the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, the execution of punishment shall be suspended only once, taking into account various sentencing conditions specified in the arguments of this case