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

On April 1, 2013, the Defendant issued a summary order of a fine of five million won for a crime of violating the Road Traffic Act at the Jeonju District Court on April 1, 2013, and on January 15, 2016, a summary order of a fine of four million won for the same crime from the Daejeon District Court's astronomical support.

On March 31, 2018, under the influence of alcohol content of 0.176% in blood without obtaining a driver's license, the Defendant driven a Bran-do car from approximately 100 meters in the section of approximately 100 meters to the front road of 165, the Bai-gu Seoul Metropolitan City, 207, in the center of Songjin-gu, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (the same kind of force), and other relevant Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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 there was a record of punishment twice due to the provision of protection observation and the provision of an order to provide community service and attend lectures under Article 62-2 of the Criminal Act, the Defendant, who was under the influence of drinking while the license was revoked due to the driving of drinking at the time, is subject to criticism.

However, the punishment as ordered shall be determined by comprehensively taking account of the fact that the defendant does not longer repeat the crime, the fact that there is no record of crime exceeding the fine, and other circumstances, such as the defendant's age, sex, criminal conduct, circumstances after the crime, etc.