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 29, 2004, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine of KRW 700,000,000 as a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on August 20, 2012, a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking), and on November 23, 2015, the same court issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking).

[2] On May 30, 2017, around 01:25, the Defendant driven B-house under the influence of alcohol content of 0.094% while under the influence of alcohol without obtaining a driver’s license in a section of about 700 meters in front of the Dong-dong apartment parking lot in the front of the Dong-dong-dong Gyeongdong-dong, Sungwon-si, Sungwon-si, Sungwon-si.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is in charge of driving and notification on the results of detection of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (formers and report on confirmation), and 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. Even though the defendant had a record of serving the sentence of Article 62-2 of the Criminal Act on the grounds of sentencing, the case is not weak in light of the fact that the defendant again committed the instant crime.

However, the fact that the defendant is against the crime of this case, and the various kinds of sentencing shown in the records and arguments, such as the defendant's age, sex, environment, motive, means and result of the crime, and the circumstances after the crime.