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 19, 2010, the Defendant was sentenced to a summary order of a fine of five million won or more due to a violation of road traffic law in the Hongsung Branch of the Daejeon District Court on November 19, 2010, and a fine of four million won or more due to a violation of road traffic law in the Seosan Branch of the Daejeon District Court on March 23, 2018, and was sentenced to a summary order of four million won or more for driving a motor vehicle under the influence of alcohol.

On May 4, 2018, the Defendant driven B K7 cars while under the influence of alcohol content of 0.149% without a driver's license in the section of approximately 3 km from the back of the station located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-dong to the end of the same 60km from May 4, 2018 to the front of the 60m-nam comprehensive playground.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at driving, investigation report (report on the situation of the driver at driving), inquiry into the results of crackdown on the driving of alcohol, the register of driver's licenses, and inquiry into the following:

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The nature and circumstances of crimes are not absolute in light of the reason for sentencing in Article 62-2 of the Criminal Act, such as the defendant's records of the same crime and the degree of driving, and the fact that a license was revoked due to drinking driving, etc.

Provided, That there is no record that the defendant has been punished in excess of a fine.

The defendant's mistake is against the defendant.

In addition, it takes into account all the conditions of sentencing prescribed in Article 51 of the Criminal Code.