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 January 24, 2013, the Defendant was sentenced to a fine of KRW 3 million due to a violation of road traffic laws in the port branch of the Daegu District Court on January 24, 2013. On May 16, 2016, the same court issued a summary order of KRW 4 million due to a violation of road traffic laws (driving driving).

[Criminal facts] On June 3, 2016, the Defendant driven B tea with alcohol content of at least 0.121% while under the influence of alcohol without a motor vehicle driver’s license at a section of approximately 200 meters from the remote singingle in the north-gu Seongbuk-dong at port to the front of the new bank located in the same Dong-dong.

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. Previous convictions: Application of the results of inquiry into criminal history data, investigation reports (Attachment of drinking and non-licensed driving records), and statutes;

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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are two times the records of punishment due to drinking driving, etc., and the crime of this case was committed since one month has not yet passed after being punished by a fine due to driving prior to driving under the influence of alcohol, the circumstances that are favorable to the fact that the drinking value is high: The fact that there is no traffic accident due to simple drinking or non-licensed driving under the influence of alcohol, the fact that the driving distance is not relatively long, the fact that there is no history of punishment exceeding the fine, the fact that there