A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On October 2, 2008, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act, etc. at the Jeonju District Court on August 2, 2008. On August 25, 2010, the Defendant was sentenced to imprisonment for four months with prison labor for a violation of the Road Traffic Act (e.g., refusal of measurement) at the same court on August 25, 201, and was issued a summary order of three million won by the same court on August 22, 2013.

【Criminal Facts】

On June 24, 2015, the Defendant, without obtaining a driver's license at around 08:57, driven EpoterⅡ in the section of about 800 meters from the front of the Defendant's house located in Kim Jong-si D with a blood alcohol concentration of 0.212%, to the front of the full-time 2-lane 2-lane Do in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. A report on investigation (distance verification);

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (the same type of criminal records and confirmation of suspects);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The defendant for reasons of sentencing under Article 62-2 of the Criminal Act of the Act on Probation and Order to Attend Courses has four times the records of punishment for the same crime (the defendant was issued a summary order of a fine of one million won at the Jeonju District Court on June 15, 2015, in addition to the previous conviction in the judgment, for the crime of violation of the Road Traffic Act (unlicensed Driving) at the Jeonju District Court on June 15, 2015). Among them, one of the previous convictions sentenced to imprisonment and one of the previous convictions sentenced to a suspended sentence, and the previous conviction on April