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

[criminal history] On November 3, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws at the Cheongju District Court’s Jeju District Court’s Incheon Branch on November 3, 2009, and a summary order of KRW 5 million for a crime of violating road traffic laws in the Cheongju District Court’s Incheon Branch on February 12, 2016.

[Criminal facts] On March 14, 2016, the Defendant driven a Category E E car with about 10 meters alcohol while under the influence of alcohol of about 0.180% while under the influence of alcohol without obtaining a driver’s license for a motor vehicle on the front road located in Dacheon-si, Dacheon-si.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. A report on arrest of a person suspected of violating traffic laws on roads, and a statement in the circumstances of the driver of the relevant driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger (the criminal records as stated in the judgment);

1. Written inquiry about criminal history, etc. (A);

1. Reporting previous convictions and results of confirmation, and the application of Acts and subordinate statutes to investigation reports;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act: Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, and other conditions of sentencing indicated in the records.

The fact that there has been three-time penalties due to drinking driving, the fact that alcohol concentration in blood is significantly high, and that there is a reflective fact;