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 December 9, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 5 million as a fine in the same court on August 14, 2012.

On June 8, 2016, the Defendant driven B-low-water vehicle under the influence of alcohol content of 0.070% without obtaining a driver's license in approximately 2 km section from the front road of the Maporia high school located in 229 in the same time at the same time at the 75-lane, as the unification of Sinpo City around 21:40 on June 21, 2016.

Accordingly, the defendant, without obtaining a driver's license, has violated Article 44 (1) of the Road Traffic Act more than twice, and once again drives a motor vehicle under the influence of alcohol in violation of paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act applicable to the relevant criminal facts, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The execution of a sentence shall be suspended on the condition of probation, community service, and compliance driving lecture, in consideration of the fact that the defendant, including the first head punishment force of the judgment on the grounds of sentencing under Article 62-2 of the Criminal Act, was punished by imprisonment with prison labor, considering the fact that the defendant is punished for a single offense, and that the defendant reflects his gender, blood alcohol concentration is relatively low, and there is no criminal history exceeding a fine.