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

[criminal history] On April 9, 2009, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with prison labor for a crime of violating road traffic law (drinking) at the Cheongju District Court's Support, etc. on April 9, 2009, and two years by the same court on July 17, 2008.

[Criminal facts]

1. On February 23, 2016, the Defendant violated the Road Traffic Act (driving alcohol) and the Road Traffic Act (driving without a license) driving a Dworkd and 1 ton cargo vehicle while under the influence of alcohol leveling 0.092%, without obtaining a driver’s license, from around 20:50 to about 1430 meters in front of the 1430th of the same side from the roads in front of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the same side.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, at the time and place specified in paragraph (1), driven the D D d wheel which was not covered by the mandatory automobile insurance, and driven the 1 ton truck.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. The actual survey report and on-site photographs;

1. Reference to tea and mandatory insurance;

1. Investigation report (precination of alcohol concentration among the blood transfusion of a suspect A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the same type of crime judgment and report attached to summary order) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 Criminal Act, such as the observation of protection, community service and order to attend lectures;