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

Punishment of the crime

[criminal history] On August 9, 2012, the Defendant was issued a summary order of a fine of five million won due to a violation of road traffic law in the Incheon District Court’s Vice-Support on August 9, 2012, and on October 1, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of road traffic law at the Incheon District Court on October 1, 2014.

[2] On December 12, 2017, the Defendant driven B Poter cargo without obtaining a driver’s license in the state of alcohol leveling 0.065% in alcohol level from the front of the Mail-dong, Kim Jong-dong, Kim Jong-dong, to the front of the same Sin-dong, Mari-dong, and the road in front of the same Sin-dong, the Defendant driven the B Poter cargo without obtaining a driver’s license.

As a result, the Defendant violated the regulations prohibiting driving of alcohol more than twice, but moved to a motor vehicle while under the influence of alcohol, and was engaged in driving without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, report on the situation of the driver who is placed in driving, notification of the results of crackdown on the driving of drinking, and inquiry;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (former rulings, court rulings and summary orders);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic 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. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s age, sexual behavior, blood alcohol concentration (0.065%) and the circumstances following the instant crime shall be determined by comprehensively taking account of various sentencing conditions, such as the Defendant’s age, sexual behavior, blood alcohol content (0.065%) and the circumstances after the crime.

D. Unfavorable circumstances: The Defendant committed the instant crime without being aware of the fact that he had been punished three times in total, including one time of suspended sentence of imprisonment due to driving of alcohol and driving without a license.