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 December 9, 2013, the Defendant received a summary order of KRW 10 million from the Incheon District Court to a fine of KRW 10 million due to a violation of the Road Traffic Act (drinking driving), and on October 30, 2015, the Defendant received a summary order of KRW 5 million from the Incheon District Court Branch Branch of the Incheon District Court due to a violation of the Road Traffic Act (drinking driving).

On September 14, 2016, around 00:16, the Defendant driven a Bbee cruise car with alcohol concentration of 0.142% while under the influence of alcohol at around 3 meters without obtaining a driver's license from the Central Park of Han-dong, Kim Jong-dong, Kim Jong-si to the entrance of the Central Park of Han-dong, Kim Jong-dong, Kim Jong-si to the entrance of the Central Park of Han-dong, Kimpo-do.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (person C telephone conversations) and a report on internal investigation;

1. The arrest report of the occurrence of the case, the statement report of the situation of the driver under the influence of alcohol, the inquiry of the results of crackdown on the driving of alcohol, the notification of the results of crackdown on the driving of alcohol, the enforcement department of the driver under the influence of alcohol, the ledger of the use of the measuring instrument under the influence of alcohol, and the ledger

1. To inquire into the ledger of driver's licenses, chassis, and mandatory insurance;

1. Photographss, reporters' camblings at the time of enforcement;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report on confirmation of the same type of force);

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. The circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service: The need for strict punishment for driving of drinking, the blood alcohol concentration is 0.142%, and the history of punishment for the same kind of crime is two times.