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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On August 1, 2017, at around 23:55, the Defendant driven a B-hurd vehicle under the influence of alcohol concentration of about 0.237% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from the front of the “Tart City Pullet,” located in 1047-10, C-do, 1047-10, to the same Eup, 3km-ro, 3km-ro, 1332.

Summary of Evidence

1. Statement of the defendant in the first trial record;

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

1. Details of inquiry into the ledger of driver's licenses, and application of 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. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant committed the instant crime even though he/she had the record of being punished for driving under drinking in 2016, and there is a high possibility of criticism.

In addition, the punishment shall be determined as ordered in consideration of various sentencing conditions shown in the pleadings of this case, such as the degree of alcohol in blood, the timing of previous punishment, the age, sex, environment, circumstances of the crime, and the circumstances after the crime.