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.

Criminal facts

On December 29, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Ulsan District Court on December 29, 2008, by a court on July 6, 2012, to imprisonment with prison labor for a violation of the Road Traffic Act (drinking) and a violation of the Road Traffic Act (licensed driving).

On November 29, 2017, at around 21:40, the Defendant driven a BM3 car in a state of alcohol alcohol content of about 0.181% in blood without a driver’s license from around 1k to the same city-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro.

As a result, the defendant, while under the influence of alcohol, driven a motor vehicle without obtaining a driver's license even though the power of driving a motor vehicle has been twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the occurrence of a traffic accident, a survey report on actual condition, a field photograph, inquiry into the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, a statement report on the circumstances of a driver who takes driving, and the ledger of

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the same type of criminal history) statute;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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. 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 of Article 62-2 of the Criminal Act on the protection observation and attendance order is that the defendant had been punished prior to the suspension of the sentence of imprisonment due to drinking driving, and that he had been driving without a license in the year 2012 since the first driver's license was revoked due to drinking driving, and the second driver's license was revoked at once, and the second driver's license was high, and the alcohol concentration in the blood of this case is high.