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 July 10, 2009, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic law (drinking driving), etc. in the Changwon District Court's Jinju branch on July 10, 2009. On October 30, 2015, the Defendant was issued a summary order of KRW 5 million for the same crime in the same court.

On May 28, 2016, while under the influence of alcohol content of approximately 0.184 percent from blood, the Defendant driven a distance of about one kilometer from the front to the front road of the same Ri on the road, one of the agricultural cooperatives in the city located in the Si, Gyeong-gun, Cheongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, the Defendant, without obtaining a driver’s license, on May 28, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, the circumstantial report of the driver driving, the inquiry of the results of regulating the driving of alcohol, and the register of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, 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. In light of the fact that the reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished several times due to drinking or unlicensed driving, the defendant committed the crime of this case at the same time, and the defendant's drinking volume is considerable, although the liability for the crime of this case is not weak, the defendant's favorable circumstances, such as the defendant's violation of his/her crime, and the fact that the defendant has no record of punishment other than the fine, etc., and the defendant's age and sexual behavior, etc., shall be determined by taking into account the various sentencing conditions as shown in the records and the theory