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 January 17, 2014, the Defendant was issued a summary order of a fine of three million won for a crime of violating road traffic laws at the Cheongju District Court on the ground of a violation of road traffic laws, and on January 21, 2016, the Defendant was sentenced to two years of suspension of the execution of ten months of imprisonment with prison labor for a crime of violating road traffic laws (driving), such as driving under drinking, etc. on August 18, 2015, and the said judgment became final and conclusive on January 29, 2016.

[2] On December 18, 2015, the Defendant, without a driver’s license, driven a Dexton car at the section of about 70km from the front side of the Defendant’s house located in Chungcheongbuk-gun C with alcohol content of 0.073% in the blood while under the influence of alcohol content on December 18, 2015.

Summary of Evidence

1. The defendant's legal statement; 1. The driver's license register; 1. The inquiry of the results of crackdown on driving alcohol, the statement of the driver's circumstances, and the notification of the results of crackdown on driving alcohol

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (a).

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

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

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 on orders to provide community service and attend lectures is that the Defendant committed the instant crime due to drinking without a license during the period of being tried due to driving of drinking alcohol or driving without a license, etc., and the Defendant is disadvantageous to the Defendant.