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 March 9, 2015, the Defendant received a summary order of a fine of three million won for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on March 9, 2015. On June 9, 2015, the Defendant was sentenced to a summary order of a fine of four million won for a crime of violating the Road Traffic Act in the Jeonju District Court's Gunsan Branch of the Jeonju District Court on June 9, 2015. On other hand, the Defendant was subject to criminal punishment for a crime of violating the Road Traffic Act

On February 13, 2017, the Defendant driven B, under the influence of alcohol content of 0.089% while under the influence of alcohol, without obtaining a driver’s license, from around 50 meters from the front of the Sim-si, Simsan City, which is located in the same Dong to the front of the Korean National History in the same Dong.

As a result, the Defendant violated the prohibition of driving a motor vehicle under the influence of alcohol not less than twice, driving a motor vehicle under the influence of alcohol, while driving a motor vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a circumstantial statement;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order of the same kind of power);

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. The fact that the defendant, who had been punished several times due to driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act, was driving without a license for drinking, and the nature of the crime is not weak, and in particular, driving of drinking is a large accident by driving under the condition that the exercise ability of due care and body is significantly deteriorated, and thus, it may cause substantial harm to other unspecified persons.