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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

In the support of the Daejeon District Court on February 7, 2017, the Defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act, etc., and on June 8, 2016, at the same court, the Defendant was punished on two or more occasions due to drinking, such as receiving a fine of three million won due to a violation of the Road Traffic Act (driving), etc.

Nevertheless, on April 21, 2017, the Defendant driven Calb in the drunken state with approximately 200 meters alcohol concentration of about 0.118%, without obtaining a motor device license from the front side of Seosan-si B, Seosan-si, Madro 28, Seosan-si, Madro 28.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, and a statement in the circumstances of the driver of drinking alcohol (the investigation records No. 6, 7 pages);

1. Registers of driver's licenses (21 pages of investigation records);

1. A report on investigation;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 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. Although the reason for sentencing under Article 62-2 of the Criminal Act including the observation of protection, the order to attend a lecture or the order to attend a community service order had the record of punishment several times (one time of suspension of execution and four times of fines) for the same crime, the defendant again committed the crime of this case. While there is no unfavorable circumstance, such as that the number of alcohol concentration among the blood of the defendant at the time of driving exceeds 0.118%, the defendant's mistake does not go against the defendant. However, the punishment is determined as ordered in consideration of all kinds of sentencing conditions shown in the arguments of this case, such as the defendant's age, environment, criminal record, criminal records, circumstances after committing the crime.