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

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

Punishment of the crime

On August 7, 2016, at around 01:40, the Defendant driven a car without a license, while under the influence of alcohol alcohol concentration of about 5 km from the street around the upper south-dong, Chungcheongnam-gu, Sungwon-si, Sungwon-si to the front of the private tunnel located in the Changwon-si, Sungwon-si, Sungwon-si, the Defendant driven the car without a license, under the influence of alcohol concentration of about 0.202%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, inquiry into the results of the control of drinking driving, and report on the state of drinking driving;

1. Application of statutes concerning disqualified meetings of the main office;

1. Relevant statutory driving for a crime: Point of driving without a license under Article 148-2 (2) 1 of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant, while having been sentenced to a fine three times (203., 2004., 2004., 201.) due to the violation of the Road Traffic Act, once again drives the instant drinking without a license, even though he had the record of serving a fine. The fact that the blood alcohol concentration at the time of driving the instant drinking is very high is the reason for sentencing disadvantageous to the Defendant

However, the sentence like the order shall be imposed in consideration of the favorable reasons for sentencing, such as the defendant's depth and reflects the mistake, the traffic accident occurred due to the drinking driving of this case, the defendant has no record of punishment heavier than a suspended sentence, and the age, character and conduct of the defendant, the motive, means and consequence of the crime, the circumstances after the crime, etc., as stipulated in Article 51 of the Criminal Act.