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 November 15, 2015, the Defendant, without obtaining a driver’s license for a motor vehicle at around 15:20, driven B M& car at the section of approximately 200 meters from the front of the public restaurant in front of the public restaurant in the Gu, the desire dispute in the Gu after the Jeon-jin-gu in the Gu of Jeon-gu, Seoul, with a level of alcohol concentration of 0.190%, from the road in front of the public hall in the same Gu to the public peace in 372.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the detection of a driver working at the main place, a report on whether to drive any danger, and a report on the circumstances of the driver;

1. Application of Acts and subordinate statutes to the ledger on use of drinking meters;

1. As seen in the grounds for sentencing under Article 148-2 (2) 2 of the Act on the Traffic of Roads, the Defendant was punished for driving under drinking three times for the relevant criminal facts. However, the prosecutor was indicted by applying Article 148-2 (1) 1 of the Road Traffic Act, not Article 148-2 (2) 2 of the same Act, and Article 44 (1) (the point of driving under drinking), Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act – Reasons for protection and observation, community service, and lecture attendance order - Circumstances unfavorable to the defendant: The past records of punishment for the same crime (violation of Road Traffic Act and Act on Special Cases concerning the Prevention of Traffic Accidents) have reached seven times, and among which they have been punished three times due to drinking, and one time due to driving without a license. On March 31, 2015, the Jeonju District Court issued a summary order of a fine of three million won due to a violation of Road Traffic Act at a district court on March 31, 2015, which again led to the instant crime within a short period. The degree of the principal practice in the instant crime and the degree of the principal practice in the instant crime, including three times a suspended sentence for other crimes, are included, and the health of the Defendant, such as reflectivity and alcohol dependence, is very good.