A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) in the support of the Suwon Frigwon on September 29, 2008, and a fine of KRW 3 million for the same crime in the support of the development of the Suwon Frigwon on June 5, 2017.

[2] On December 1, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on December 1, 2012: (a) drive a motor vehicle with 1 km Kaland from the front of the iron-dong Commercial Area of Gyeonggi-do to the 1017 U.S. (hereinafter “U.S.”), under the influence of alcohol content 0.170% in blood.

Summary of Evidence

1. Entry of the accused in the first trial records and the testimony by the accused in the court room;

1. Arrest report of the occurrence of the case, report of the situation of driving without obtaining a license, report of the situation of driving without a license, inquiry of the results of regulating the driving of drinking, and notification of the results of

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. Even though there was a record of two times punishment due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the instant crime was committed again, and there is a need for strict punishment due to the high alcohol concentration in blood.

However, the punishment is determined as ordered in consideration of the fact that there is no history of crime exceeding a fine and an accident has not occurred and the depth has not been reflected.