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

[criminal history] On October 11, 2010, the Defendant was notified of a summary order of a fine of KRW 4 million for a violation of road traffic laws at the Changwon District Court, etc. On November 11, 201, and on November 11, 2014, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violation of road traffic laws at the Changwon District Court's Changwon District Court's Busan District Court.

[2] On April 4, 2017, the Defendant driven a Dok-type Dok-type Dok-type Dok-type, under the influence of alcohol content of 0.072% while under the influence of alcohol, without obtaining a driver’s license from the front road of the Jin Construction Office located in the Seo-gu, Seo-gu, Seo-gu, Dong-gu, Gyeong-gun, Chungcheongnam-gun, Gyeong-gun to the front road of the Dong-dong located in the same Eup/Myeon-dong.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and a statement on the circumstances of the driver under driving under drinking;

1. A driver's license inquiry;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, reports on investigation (Attachment of criminal records and written judgments of the suspect);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the defendant, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

Unfavorable circumstances: there are many kinds of records of punishment for the same crime, and in particular, on November 11, 2014, the crime of this case was committed even though the sentence of suspension of execution was imposed for the same crime.

No driver's license shall be obtained continuously.