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 November 16, 2001, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court of Daejeon on November 16, 2001, and was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (don May 15, 2004), and on June 10, 2005, the same court was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (d on June 10, 2005). On March 8, 2006, the same court was sentenced to a fine of five million won for a crime of violating the Road Traffic Act (doning under drinking). On July 30, 2014, the same court was sentenced to a fine of five million won for a crime of violating the Road Traffic Act (doning under drinking).

Criminal facts

On April 27, 2016, the Defendant driven C Poter truck with alcohol content of about 0.170% while under the influence of alcohol without obtaining a driver’s license from around 01,00 meters before the Seo-gu, Seo-gu, Daejeon-gu, Daejeon to the front of the Dongtok Center.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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: Three times the criminal records of drunk driving, and two times the criminal records of unauthorized driving, and the fact that the original crime was committed again despite the fact that this case’s drinking record is considerably favorable: The fact that all the records of the same crime are fines, and the decision of sentence that confessions and reflects: The above circumstances are different from others, taking into account various conditions of sentencing specified in the arguments of this case, such as the defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, etc.