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.

Criminal facts

On November 30, 2018, at around 21:20, the Defendant driven a Eknife vehicle under the influence of alcohol level of 0.139%, without obtaining a driver’s license, from the front of the Defendant’s house located in Daejeon Jung-gu, Daejeon to the front of the D Sung Party located in the same Gu C, and without obtaining a driver’s license at a section of about 300 meters from the front of the D Party located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the situation of driving under the influence of alcohol, a report on the situation of a driver under the influence of alcohol, an inquiry into the results of the control of drinking alcohol, and an inspector;

1. Application of the ledger of driver's license and photographic Acts and subordinate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation Act is deemed to have driven a vehicle while drinking despite the fact that the defendant had been punished three times due to drunk driving. The circumstances unfavorable to the defendant are recognized, such as the fact that the criminal liability is heavy in light of the content of the crime and the degree of alcohol concentration in blood.

However, the circumstances favorable to the defendant are also recognized, such as the confession of the crime of this case and the fact that the defendant reflects the mistake in depth, and there is no criminal record exceeding the fine.

In addition, the defendant's age, character and conduct, environment, etc. and all other circumstances revealed in the pleadings of this case shall be taken into consideration as ordered.