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

【Power of crime】 On July 23, 2013, the Defendant has the driving force of drinking at least four times, such as being sentenced to a fine of KRW 4 million due to a violation of road traffic laws at the Gangnam Branch of the Chuncheon District Court, and a fine of KRW 5 million due to a violation of road traffic laws at the early branch of the Chuncheon District Court on January 25, 2017.

【Criminal Fact-finding on December 18, 2017, the Defendant driven Category C vehicle under the influence of alcohol concentration of 0.105% without obtaining a driver’s license in the section of 0.7km from the 146th to the front of the cafeteria 3-11 of the same Myeondoropo-ro from the 146th day of the Doropo-myeon Doropo-gun Sungsung (Seoul) of the same Doropo-gun.

Accordingly, the defendant, who has violated the prohibition on drinking at least twice, was driving in violation of the above provision again, and was driving without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the situation of a driver who takes driving, and report on the results of regulating drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the provision of community service order, the fact that there are many kinds of records on the defendant for sentencing, the fact that the defendant is driving under influence of alcohol without a license causes an accident, the driving distance is relatively short, and the defendant's age, sex, environment, circumstances of the crime, means and result, etc. shall be determined as ordered by taking into account all the conditions of sentencing, such as the following circumstances