A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On January 13, 2011, the Defendant was sentenced to a suspended sentence of 4 months due to a violation of road traffic law in the Changwon District Court's Jinju branch, etc., and on May 13, 2016, the Defendant was sentenced to a suspended sentence of 6 million won for the same crime, and on May 13, 2016, the Defendant was sentenced to a summary order of 6 million won for the same crime, and the Defendant was punished for a violation of road traffic law (driving without a license) and a violation of road traffic law (driving without a license) three times,

On August 1, 2016, the Defendant, without obtaining a driver's license for a vehicle at around 20:15, driven C Coin in a section of about 400 meters from the front of the Tae-young industrial company in the same Dong and in front of the eroin livestock industry in Jin-si, while under the influence of 0.070% alcohol during blood.

Accordingly, the Defendant, without a driver’s license, violated Article 44(1)(Prohibition of Driving under the influence of alcohol) of the Road Traffic Act not less than twice, and driven a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the circumstances of driving at home, and report on the detection of the driver at home;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same type of crime records);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act;

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

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. Protective observation and community service order under Article 62-2 of the Criminal Act;