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 a fine of 2.5 million won for a crime of violating road traffic law in the Seo-gu District Court's branch on January 25, 2010, and a fine of 5 million won for the same crime at the Daegu District Court's Daegu District Court on April 9, 2014, and the previous drinking driver's license is more than once.

[2] On December 18, 2015, the Defendant, without a vehicle driver’s license, driven the cub vehicle into D owned E in the shape of alcohol content of 0.051%, and drive the cub vehicle at nine kilometers in the front of the e-mail in front of a mutual influoral restaurant located in the name of the Gyeongbuk-gun, Gyeongbuk-gu, Daegu Northern-gu, to the front of Denmark apartment located in the e-gu, Daegu-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstantial records of drivers who take driving and the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing favorable to the defendant: The defendant reflects the crime of late drinking, and the amount of alcohol concentration at the time of driving the drinking of this case is low - The defendant's records of being punished by a fine due to drinking or non-licensed driving of the drinking of this case are less than four times, regardless of his name - The defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, etc. - The punishment as ordered shall be determined by taking into account the various kinds of sentencing factors shown in the arguments of this case, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime.