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] The defendant is a person who has been issued a summary order of at least two previous calendars on July 31, 2013, such as a fine of at least five million won due to a violation of road traffic law (drinking) in support of Sungnam-gu Friwon on July 31, 2013, and a fine of at least four million won due to a violation of road traffic law (drinking on June 7, 2008).

[Criminal facts] On May 17, 2017, the Defendant driven B Poter Cargo in the section of about 8 km without a vehicle driver’s license, while under the influence of alcohol leveling 0.109% from the road in front of the difficulty cancer elementary school located in 70-13 in the Domini-si, Gwangju-si, Gwangju-si, to the northwest of the same city, both levels of 0.109% in alcohol level from the road in front of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge) and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history in the same paper) statute;

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 crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

Although the Defendant was punished for driving without a license for drinking alcohol, the Defendant committed the instant crime at another time, and on July 6, 200, the Defendant’s driver’s license was revoked.

However, the records of this case and the theory of changes, such as the fact that the defendant is against the defendant, the fact that there is no criminal record exceeding the fine, etc., are shown in the age, environment, sexual conduct, motive and means of the crime, circumstances after the crime, etc.