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] The Defendant was sentenced to four months of imprisonment with prison labor for a violation of road traffic law in the assistance of the Suwon Flag Flag on April 18, 2007, and received a summary order of KRW 5 million from the Incheon District Court's Branch on June 11, 2015 as the same crime, and was sentenced to six times of previous convictions.

[2] On November 12, 2017, the Defendant driven a vehicle with C low alcohol level of about 0.050% while under the influence of alcohol level of 0.050% without obtaining a driver’s license from about 500 meters in a section of about 500 meters, from around 09:24, Seocheon-si, 2017, to the 13rd roads.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the vehicle, report on the circumstances of driving without a license, report on the circumstances of a driver driving on the vehicle, report on the results of regulating drinking, and the register of driver's licenses;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (reports on the previous convictions in the same case), text of judgment (23 times in the end of the judgment), and application of summary order 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. 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 reasons for sentencing under Article 62-2 of the Criminal Act include several times the same records as before the Defendant’s previous conviction. In particular, even though the Defendant was sentenced to a community service order for three years and 160 hours in the year of suspension of execution on October 26, 2017 due to the same crime in the Sungnam support of Suwonwon, it is necessary to strictly punish the instant crime even though he/she was under the current appellate trial, even though he/she was sentenced to a community service order for three years and 160 hours in prison.

However, the defendant reflects his or her mistake, his or her age, sex, family relationship, circumstances leading to the crime (which is so-called the so-called Preferred Driving), alcohol concentration (0.050%) and crime.