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

[criminal history] On September 14, 2007, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Busan District Court, and on May 6, 201, the Defendant was sentenced to a fine of five million won for a crime of violating the Road Traffic Act at the Ulsan District Court on May 6, 201.

[2] On December 15, 2017, at around 00:44, the Defendant driven Cbenz automobiles under the influence of alcohol content of about 0.132% while under the influence of alcohol without obtaining a driver’s license from around about 100 meters from the first apartment road near the first apartment road located in Kimhae-si, to the lux steel front roads in the same Dong.

Ultimately, the Defendant, as seen above, driven a motor vehicle without obtaining a driver’s license in the state of re-toxicated despite the fact that the criminal history of drinking was two or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative reports, reports on the circumstances of drivers of alcoholic beverages, and inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to decisions related to drinking power to the accused);

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. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant has already been punished twice by a fine due to drinking driving and twice by a fine due to a driving without a license, but the driving of drinking without a driver’s license is disadvantageous to the defendant.

However, it is advantageous to the defendant, such as the confession of the defendant to commit a crime, the fact that the defendant repents his mistake, and the defendant again does not drive drinking.