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 June 29, 2009, the Defendant was sentenced to imprisonment with prison labor for a crime of violating road traffic law (drinking) at a common military court of the 32 association of the army on June 29, 2009. On August 10, 2017, the Daejeon District Court was sentenced to a fine of five million won due to a crime of violating road traffic law (drinking) at Daejeon District Court.

[2] On November 20, 2017, around 01:50, the Defendant driven a motor vehicle with a alcohol content of about 0.150% in a section of about 500 meters from the Do in front of the 920-o, Seo-dong, Seo-gu, Daejeon, Daejeon, to the 3420-o, Seo-dong, Seo-gu, Daejeon Special Metropolitan City (Seoul) to the 35-o, Do in the same direction, and without obtaining a driver’s license.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Measuring photographs, statement reports on the situation of a driver driving, notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, report on internal investigation, and the register of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 defendant's age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. and the conditions of various sentencing as shown in the argument of this case shall be determined as ordered by taking into account the following circumstances of sentencing under Article 62-2 of the Criminal Act.

D. Unfavorable circumstances: A person who committed the instant crime even though he/she had a record of being punished for the same kind of crime, and in particular, even if he/she was sentenced to a fine of five million won on August 10, 2017 due to drinking driving, he/she is well aware.