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 March 7, 2016, the Defendant was punished for a fine of KRW 5 million by a fine of KRW 5 million due to a violation of road traffic laws (dacting driving) at the Jeonju District Court on March 7, 2016, and a fine of KRW 1.5 million by the same court on March 27, 2012 (dacting driving).

[2] On August 9, 2016, the Defendant, without obtaining a driver’s license, driven a C body-man car at approximately 50 meters from the front side of a restaurant in the So-gu Seoul Metropolitan City under the influence of alcohol level of 0.091% among the blood transfusion on August 9, 2016, in the front side of a restaurant in the So-gu Seoul Metropolitan City under the influence of alcohol level of 0.091%.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of a suspected violation of traffic laws (drinking, driving without a license) on roads;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. The driver's license ledger;

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. 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 in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for protection and observation, community service, and lecture attendance order - Circumstances unfavorable to the accused: The previous convictions and four times (one time for driving of drinking, without a license, driving of drinking, one time for driving of drinking, and two times for non-licenseed driving) are previous convictions for not more than five years, and the instant crime is committed again within a short period after being punished by a fine on March 7, 2016 due to driving of drinking and without a license, and the circumstances favorable to the accused - The detention of the accused is supported by a serious reflect, no criminal record for the same kind of suspended sentence, parents of the aged, and minor children.