A defendant shall be punished by imprisonment for not less than eight 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 history] The Defendant was sentenced to a suspended sentence of ten months for a violation of road traffic law in the Daejeon District Court's Support on November 29, 2007, and was sentenced to a suspended sentence of two years for a violation of road traffic law. On February 11, 2015, the Defendant was sentenced to a fine of four million won for a violation of road traffic law (driving under drinking) in the same court.

[2] On June 13, 2016, Defendant 1, who was punished for drinking two or more times as above, driven B-be cargo vehicles under the influence of alcohol leveling 0.091% of alcohol level without obtaining a driver’s license from around 3 km section from the front of the 3km-si, Seo-gu, Seosan-si, Seosan-si, Seosan-si to the entrance of the village of transmitting in the Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (formers and reports, etc.) and other Acts and subordinate statutes, such as criminal history;

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, the order to attend a lecture, and the order to provide community service order, should be strictly punished in that the defendant committed the instant crime even though he/she had a record of being punished several times for the

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant is against the mistake, the blood alcohol concentration (0.091%) of the defendant at the time of driving, and the age, sex, environment, circumstances, circumstances after committing the crime, etc.