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 June 4, 2009, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Road Traffic Act at the Busan District Court on the grounds of a violation of the Road Traffic Act, and on May 22, 2017, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act at the Busan District Court Seo branch.

On October 6, 2017, the Defendant, without obtaining a driver's license for a motor vehicle at around 22:00, driven a cub car at the section B of about 30 meters from the 30-meter radius from the road before the Dong Kimhae, which is located in the cuba-dong at Kimhae-si, in a state of alcohol content of 0.170% during blood, to the road before the cubho-ro in the same Dong.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (Attachment to the said judgment);

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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the Defendant again committed the instant crime even though his previous convictions due to drinking is three times or more (one time or more within the last one year), and the drinking volume is relatively high.

However, the Defendant recognized and reflected the instant crime, and the distance from which a driver without a drinking license is relatively short.

In addition, the various sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, background and motive of the crime, and circumstances after the crime, are considered as the order.