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

On February 9, 2009, the Defendant was sentenced to a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Changwon District Court, and on December 29, 201, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution for the same crime at the same court.

On June 15, 2016, the Defendant, without obtaining a driver’s license for a vehicle at around 00:10, driving a Brocketing car at approximately 150 meters from the front of the Jin-gu, Jin-gu, Jin-gu, Kim Jong-si, who was under the influence of alcohol level of 0.068% during blood, to the front of the apartment house at the same Eup’s Jin-gu, Jin-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the results of regulating drinking;

1. License register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, has been sentenced to a fine for a violation of the Road Traffic Act, as stated in the facts constituting the crime in the judgment of the court, in addition to the punishment of a fine and the sentence of a suspended sentence, on two occasions more than that of a violation of the Road Traffic Act, but again commits the crime of this case under a without a license, is a reason for sentencing unfavorable to the Defendant.

However, the defendant repents his wrong mistake in depth and reflects, the fact that the defendant did not cause a traffic accident due to the driving of the drinking of this case, and the amount of alcohol concentration in blood at the time of driving the drinking of this case is suspended.