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] The Defendant was sentenced to a suspended sentence of two years for a period of four-month by imprisonment with labor for a crime of violating road traffic law at the Suwon Friwon on July 5, 2007. A person who committed the same crime on February 14, 2015.

[2] On April 10, 2016, around 15:00, the Defendant driven a Done Starex Cor be under the influence of alcohol content of about 0.140% while under the influence of alcohol without obtaining a driver’s license from the front road of the “Yacheon Traditional Market” located in the Jincheon-gun culture of Jincheon-gun, Jincheon-gun, Jincheon-do, and the front road of the “Yacheon-do branch of Jincheon-gu, Jincheon-si,” located in the same Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the ledger of driver's licenses and the circumstances of driver's licenses;

1. Inquiries about the results of regulating driving of drinking, notification of the results of regulating driving of drinking, and report on the situation of driving of drinking;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of reporting Acts and subordinate statutes after ascertaining such minor convictions;

1. Subparagraph 1 and subparagraph 43 of Article 152 of the Road Traffic Act (unlicensed driving) concerning the facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

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

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 reason for sentencing under Article 62-2 of the Criminal Act of the order to provide community service and attend lectures is not only a history of having been punished several times due to drinking driving, etc., but also a previous history of having been punished due to the suspension of the execution, and the recent years of having been sentenced to a fine due to driving without a license, even though the judgment of the appellate court was in progress after being sentenced to a fine due to the recognition of driving without a license, the Defendant committed the instant crime due to driving without a license for drinking and without a license, and the Defendant’s blood alcohol concentration.