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 October 01, 2016, the Defendant operated a D car under the influence of alcohol concentration of 0.178% in blood without obtaining a driver's license on around 00:26, and proceeded with a section of approximately 1 km from the front of the inspection distance of the Incheon Seo-gu, Seo-gu, Incheon to the front of the glutinous rice glutinous, Seo-gu, Incheon, to the front of the glutinous rice glutinous, Seo-gu, Incheon.

Summary of Evidence

1. Statement of the defendant in the third public trial records;

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Act on the Punishment, etc. of Community Service and Order to Attending, and Article 62-2(1) of the Act on the Punishment, etc. of Education, the defendant has the same criminal history as a drinking driver, and even though he had been under the suspension of the execution, the crime of this case was not committed while under the influence of alcohol without a driver's license. However, even though he had been under the suspension of the execution, the defendant was not guilty of the crime of this case, but the defendant was trying to move his vehicle to a place where his substitute driver can easily be seen, the defendant did not reach a violation of other traffic-related Acts and subordinate statutes, the defendant did not go back to the late, and all other circumstances