A defendant shall be punished by imprisonment for not more than ten 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 October 13, 2008, the Defendant received a summary order of 500,000 won of a fine for a crime of violating road traffic law (drinking) from the Jeonju District Court’s Military Branch Branch on October 13, 2008, and a summary order of 4 million won of a fine in the same court as the same crime on August 31, 2016, respectively.

On April 21, 2017, at around 21:30, the Defendant driven B rocketing car under the influence of alcohol content of at least 0.093% while under the influence of alcohol without obtaining a driver’s license from a section of about 300 meters in the section of 300 meters away from the original lured restaurant near the lured restaurant located in the luran-si, Hasan-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a criminal investigation report (Attachment to a copy of a summary order), and a copy of a summary order;

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. Although the defendant, who has been punished for driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, was under the influence of driving under the influence of alcohol without a license, the nature of the crime is not weak, and in particular, driving under the influence of alcohol may cause large accidents by driving under the influence of considerable influence and physical exercise ability, and may cause serious harm to unspecified people, and thus, there are circumstances unfavorable to the defendant, such as that the defendant's mistake is recognized and is against the defendant's age, sexual behavior and environment.