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 March 22, 2017, the Defendant received a fine of KRW 3.5 million from the 6th common military court of the Military Court of the 6th Military University on March 2, 2017 due to a violation of road traffic laws (driving), and a fine of KRW 2 million from the Incheon District Court's Branch Branch of the Incheon District Court on April 9, 2018.

On September 19, 2018, from around 02:35 to the same day 02:42 on the same day, the Defendant, without a vehicle driver’s license, driven B Poter truck from the 3km section of approximately 3km to the front road of the 3km-si, Seocheon-si, the alcohol concentration of which is 0.130% under the influence of alcohol during blood.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and was driving a motor vehicle while driving the motor vehicle without a driver's license in the state of under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the circumstances of driving under the influence of alcohol, report on the results of regulating driving under the influence of alcohol, report on the circumstances of the driver under the influence of alcohol, investigation report (report on the circumstances of the driver under the influence of alcohol), and register of

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions: Inquiry into criminal history, investigation reports (Attachment of the judgment of records of driving alcohol), and application of each summary order Acts and subordinate 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. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. When the defendant for sentencing of Article 62-2 of the Criminal Code of the Social Service Order takes into account the fact that he/she has been engaged in the drinking and unlicensed driving of this case even though he/she had the same record, and the amount of alcohol concentration during his/her blood, the defendant's