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 November 28, 2016, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Jeju District Court on November 28, 2016, in the same court on March 24, 2015, a fine of KRW 1 million as the same crime, and in the same court on June 1, 2009, a fine of KRW 70,000 as the same crime.

Although the Defendant had a history of driving two or more drinking, on September 13, 2017, at around 02:50, the Defendant driven a motor vehicle with B low-water driver’s license without obtaining a driver’s license, under the influence of alcohol with a alcohol content of 0.109% from the front of the Cheongampampon which is located in the Cheongju-si, U.S. P. to the front road of the KOampon Underground Road in the same location.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after crimes, shall be determined as ordered by considering the observation of protection and the order of community service, the order of education, the reasons for sentencing under Article 62-2 of the Criminal Act, and other conditions of sentencing as stated in the records.

At the time of the crime of this case, the defendant's blood alcohol concentration was high, the defendant had been punished several times due to driving of a vehicle in the state of non-licensed drinking condition, driving of a vehicle, etc., and recently, there was a record of punishment for the same kind of crime, and there was no record of punishment more than suspension of execution, and there was no record of punishment more than suspension of execution.