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 October 9, 2007, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law in the support of the Gwangju District Court in Gwangju District Court on the grounds of the crime of violation of road traffic law, KRW 2 million for the same crime in the same court on May 4, 2011, and KRW 3 million for a fine of KRW 3 million for the same crime in the same court on December 21, 2015.

[2] Although Defendant 1 had been punished for committing a violation of the Road Traffic Act at least twice, Defendant 2 driven Bless car under the influence of alcohol concentration of about 100 meters from the 100-meter section before the center of the throughll Sea State in the Yando-gun, Namdo-gun on May 31, 2016 to the front road of the same Eup, the Defendant 1 driven a B-free car under the influence of alcohol concentration of 0.095% without obtaining a driver’s license from the 100-meter section before the sex church located in the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on a vehicle, report on the circumstances of a driver driving on a vehicle, inquiry into the results of crackdown on drinking, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the previous confirmation);

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. 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. Although the driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act is a highly dangerous crime, the defendant repeats driving of drinking without any particular crime.

Considering the above circumstances, it is necessary to strictly punish the defendant, but a suspended sentence shall be imposed only once in consideration of the fact that the defendant reflects the defendant and the distance from driving alcohol is not long.