A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 4, 2016, the Defendant driven B cargo vehicles under the influence of alcohol content of about 0.204% while under the influence of alcohol without obtaining a driver’s license from about 4km section from the front of a mutually unclaimed restaurant in the Chungcheongnam-do, Chungcheongnam-gun, Chungcheongnam-do to the front road of the LH apartment located in the Chungcheong-gun, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. A driver's license inquiry;

1. Application of enforcement manual statutes;

1. Article 148-2 (2) 1 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. 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 reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is that the defendant again committed the instant crime even though he/she had the record of being punished once due to drinking alcohol driving for three years, and thus the corresponding punishment is needed.

However, considering the fact that the defendant reflects the wrong, the blood alcohol concentration (0.204%) at the time of driving, the criminal records over the suspension of the execution of the defendant were 34 years, the defendant's age, sexual behavior, environment, circumstances after the crime, etc., and all the sentencing conditions specified in the arguments in this case, such as the defendant's age, sexual behavior, circumstances after the crime, etc., the punishment shall be determined as ordered.