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 May 4, 2010, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to a violation of road traffic law at the Daegu District Court, and on February 5, 2016, the Daegu District Court received a summary order of KRW 4 million due to a violation of road traffic law.

[Criminal facts] On April 27, 2017, the Defendant: (a) driven a motor bicycle at approximately 200 meters section from the front of a restaurant for the gambling house located in the Dong-ri, Seogu, Daegu-gu, Daegu-gu to the lebane road located in the same Dong-dong, without a driver’s license, while under the influence of alcohol of about 0.120% from the 200 meters section to the lebane road located in the same Dong-dong.

As a result, the Defendant violated the prohibition on drinking at least twice, and once again driven a car without a driver's license while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on self-finding of the vehicle, report on the circumstances of the driver who is to take the vehicle, report on the situation of the driver who is to take the vehicle, inquiry into the results of crackdown on drinking and the register of driver'

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (list of evidence 14) statute;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), subparagraph 2 of Article 154 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. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant committed an offense in the judgment of another time despite the fact that the defendant had been punished several times, such as fine and suspended sentence due to driving without a drinking license, and that the drinking volume is not low is disadvantageous to the defendant.

Defendant is able not to drive drinking again with his depth; and he is able to do so.

It is favorable to the defendant.

In addition to this point, the age, sex, intelligence, environment, and crime of the defendant.