A defendant shall be punished by imprisonment for not more than ten 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 record] On April 26, 2017, the Defendant was sentenced to a suspended sentence of two years for the period of eight months, due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) in the Hongsung Branch of the Daejeon District Court, and the said judgment became final and conclusive on May 5, 2017.

[Criminal facts]

1. On April 11, 2014, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act (driving) in the Red Support of the Daejeon District Court on April 11, 2014. On September 30, 2016, the Defendant was under the control of driving on September 30, 2016, and was sentenced to a suspended sentence of 8 months for the same crime, etc. in the same court on April 26, 2017, on two or more occasions, on the one hand, to be sentenced to a suspended sentence of 2 years for the same offense. However, on February 9, 2017, the Defendant was driving a friol vehicle more under the influence of alcohol while under the influence of 0.12% alcohol level from the 2km section of alcohol level from the road near the member in Bo-si B around the same hour to the front road in the same city D.

2. On February 8, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) operated the said franchise without obtaining a driver’s license from the 10km section at approximately 10km from the front of the Defendant’s house located in Bosong-si, G through the road near C Assembly members located in the same city B on February 9, 2017 to the front road located in the same city D around the same city at around 04:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Investigation report on the actual condition of traffic accidents, notification of the results of crackdown on drinking driving, report on the circumstances of the driver who takes driving, and the register of driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history, sentence and investigation report (Evidence List Nos. 13, 14)

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;