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 December 1, 2008, the Defendant was issued a summary order of KRW 500,000,000 for a crime of violating road traffic laws in the Daegu District Court's Sung Branch branch on December 1, 200, and the Defendant was issued a summary order of KRW 7 million for the same crime in the same court on August 17, 2017, and was issued two times the driving force of drinking.

[2] On April 6, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle on April 14:45, 2018, driven a D-wing and C-1.2 tons truck owned by the Defendant in the section of approximately 1km from the front of the village hall in the So-young So-young Village in the So-young city in the case of a common bankruptcy to the front of the Ministry of Agriculture, Forestry and Fisheries under the influence of 0.101% of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (report attached to drinking driving force);

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 Defendant, who had been sentenced to a fine several times due to the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act, with regard to the observation of protection, community service order and order to attend a lecture, again committed the instant crime, taking into account the circumstances of the driving of the instant non-licenseed drinking, the degree of driving, the Defendant’s age, sexual conduct, environment, motive for the commission of the crime, and the circumstances after the crime, etc., and determine the punishment as set forth in the order.