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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 30, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act at the Daegu District Court on June 2007. On November 4, 2010, the Defendant was sentenced to a summary order of 2 million won for a crime of violating the Road Traffic Act (driving) at the same court on November 4, 201, and on August 22, 2014, the Defendant was sentenced to a summary order of 6 million won or more by the same court on August 22, 2014.

On October 12, 2017, around 18:26, the Defendant driven a freight vehicle with B 1.2 tons in the state of alcohol with a concentration of 0.134% of 0.134% while under the influence of alcohol in the blood, from the Geumcheon-si Labor to the studio in front of the studio in the same intersection of the city.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

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

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about 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. The reason for sentencing under Article 62-2 of the Criminal Act, such as protection and observation, community service order and order to attend a lecture, is 0.134% higher in alcohol content of the defendant's blood, the defendant was punished once due to a violation of the Road Traffic Act (driving without a license), four times due to a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license). The defendant committed a traffic accident while driving without a license for drinking of this case, the defendant was against the defendant's age, sexual behavior, environment, and crime.