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

On August 16, 2016, the Defendant issued a summary order of a fine of 3.5 million won for a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court on August 16, 2016, and a summary order of a fine of 1 million won for the same crime at the same court on December 4, 2008, respectively.

On July 19, 2017, the Defendant driven Crain or freight with alcohol content of about 0.144% while under influence of alcohol without obtaining a driver’s license from 227:09 to 20m from 30m of the Seocho-si, Seocho-si, Seocho-si, Seocho-si, at the beginning of the 207-ro, to the road of the same channel.

Accordingly, the defendant was punished for driving under drinking more than twice, but he was driving under drinking again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A written appraisal of alcohol concentration in the blood;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (in inquiry of suspect's drinking experience), details of inquiry about the management of a report on detection of primary activity, investigation report (in the previous confirmation), and application of the statutes of the judgment;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving) and Article 148-2 (1) 1 and Article 44 (1) of the same 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are four times the records of punishment due to drinking driving, and circumstances in which drinking values are favorable to the considerable degree of drinking: The defendant's age, sex, occupation, occupation, family relationship, motive and means of the crime, circumstances after the crime, etc. are considered, and the punishment is determined as ordered by the order.