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 April 10, 2015, the Defendant is a person who violated the provisions on prohibition of driving under the influence of alcohol at least twice by receiving a summary order of a fine of four million won due to a violation of road traffic laws at the Daegu District Court on July 24, 2015, a fine of five million won due to a violation of road traffic laws at the Daegu District Court on July 24, 2015.

[2] On May 9, 2016, at around 00:15, the Defendant driven B Poter cargo under the influence of alcohol level of about 0.182%, without obtaining a driver’s license, at the section of about 1km, from the front of a mutually influent restaurant, which is located on his/her own at the pressure level of the Gyeongsan-si, Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si, Gyeongbuk-si, 11, to the 11st road.

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;

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history data and application of the Acts and subordinate statutes reporting criminal investigations;

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 under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant repeatedly stops drinking or non-licensed driving within a short period. The amount of alcohol concentration at the time of driving the drinking of this case is very high and the risk of driving drinking is realized and causes traffic accidents that cause the defendant's vehicle parked, and the defendant's age, sex, behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc. are considered, and the punishment is determined as ordered by the order.