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

[criminal history] On March 7, 2008, the Defendant issued a summary order of KRW 700,000,000 for a fine for a violation of road traffic law at the Daejeon District Court, on February 21, 2013, a summary order of KRW 1,50,000 for a fine for the same crime from the support of the Daejeon District Court Seosan to the same offense, and on April 23, 2014, a summary order of KRW 5 million for the same offense at the same court.

[2] On July 4, 2017, around 14:55, the Defendant driven a B-hand car under the influence of alcohol concentration of 0.148 percent in blood without obtaining a driver’s license from the front of the Cream Center located in the Yaeg-si, Yari-si, Yari-si, Yasan-si, to the 762-ro, Pari-ro, Pari-ro, Pari-si, Pari-si, Pari-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. A report on investigation;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal suspect's records) statute;

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. In light of the fact that the Defendant again committed the instant crime despite the fact that 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 been punished three times for the same offense, and the Defendant’s blood alcohol concentration at the time of driving reaches 0.148%, etc., it is necessary to punish the Defendant solemnly.

However, the arguments of this case, such as the fact that the defendant reflects the defendant's wrong, that the defendant has no record of the suspension of execution or heavier punishment, the age, sex, environment, criminal records, criminal records, circumstances after the crime, etc.