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 October 29, 2010, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law in the Gwangju District Court's net support on October 29, 201, in the same court on January 9, 2013, and in the same court on June 10, 2015, a fine of KRW 5 million was imposed for the same crime.

On October 14, 2017, around 23:19, the Defendant driven CM5 cars under the influence of alcohol concentration of 0.093% while under the influence of alcohol level, without obtaining a driver’s license from approximately 300 meters in a section of about 300 meters from the blind distance in front of the fishery market in the CM58 at the CM5-ro, the CM5-ro from the reputation 91 in the CY-si, the CM-si, the CM-si to the front road.

As a result, the Defendant, who has a drinking driving force not less than twice, was driving a motor vehicle without obtaining a driver's license in the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, each disposition, previous convictions, and reporting results, of 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. 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, even though the Defendant had been punished three times due to drinking driving, the Defendant committed the instant crime.

However, the defendant's mistake is contrary to the defendant's intention to refuse to drive by selling a vehicle, etc., and there is no history of criminal punishment heavier than the fine.

These circumstances are included.