A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On November 28, 2006, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon Branch on November 28, 2006, and on March 13, 2008, the same court received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving). On May 15, 2013, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving).

On April 17, 2015, when the Defendant had a history of drinking two or more times, the Defendant driven a car in the column B while under the influence of alcohol of 0.089% of alcohol content without obtaining a driving license from a section of about 500 meters from the front of the opening market in the original city of Gu-si to the front road of food materials set in the same Dong from the original city of Gu-si to the front road of the food materials set in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports (including reports on confirmation of the records of the same kind of sound driving (including one attached judgment and two copies of summary order)) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the defendant sells a vehicle that has been operated by his mistake by pening his mistake and does not drive drinking and without obtaining a license again; the fact that the accident was not caused in the course of the instant crime; the defendant's age, criminal records, character and conduct, family relationship, motive leading to the instant crime, circumstances after the instant crime, etc. are considered);

1. Article 62(1) of the Criminal Act: