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 14, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon method, and was sentenced to a fine of one million and five hundred thousand won as a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on March 7, 2016.

On November 9, 2016, the Defendant driven a CM3 vehicle under the influence of alcohol content of 0.063% while under the influence of alcohol while driving the CM3 vehicle without obtaining a driver’s license from the front of the pharmacy near the Seocheon-si, Gyeongcheon-si, to the front of the 15km-ro road, and without obtaining a driver’s license from the front of the pharmacy in the same city.

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. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. An unfavorable circumstance shall be taken into account of the fact that the previous conviction of a fine due to the crime of violating the Road Traffic Act for the reason of sentencing under Article 62-2 of the Criminal Act is three times, and that the previous conviction of a fine due to the crime of violating the Road Traffic Act (unlicensed driving) is three times, etc.

Considering the favorable circumstances in which crimes are divided and reflected.

In addition, the sentence shall be determined as ordered in consideration of the overall sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, etc.