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 September 5, 2007, the Defendant was sentenced to a suspended sentence of two years in April due to a violation of road traffic laws in the Changwon District Court's Jinju branch, etc., and on October 1, 2015, the Defendant was issued a summary order of five million won in the same court as the same crime.

On November 21, 2015, the Defendant driven a c-ro vehicle with alcohol content of about 500 meters from the bordering of the Yacheon-si, Yacheon-si, Yacheon-si to the front road of the Yacheon-si, Yacheon-si, Yacheon-si, which is located in the Yacheon-dong of the same time, without the driver’s license, while under the influence of alcohol content of about 0.107%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, a report on the circumstances of the driving of the driver, a report on the situation of the driving of the driver, and the register of driver

1. Previous conviction: Application of a written inquiry inquiry, such as criminal history, report on the result of confirmation of the previous conviction before and after the disposition, text of the judgment, and summary order 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. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act of the community service order and lecture attendance order committed the crime of this case, even though he had the history of five times due to drinking driving, four times due to non-licensed driving, the defendant was found to have been aware of driving under drinking on July 2015 and repeated driving of drinking of this case for about four months after non-driving, and the defendant's drinking value is considerable, although the defendant's liability is not less than that of the crime, the defendant's criminal liability is not less than that of the crime, such as the defendant's violation of his criminal act, and the defendant's age and sexual behavior, etc. are more favorable to the defendant, and there are no records of punishment for the defendant.