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] On March 19, 2009, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Daegu District Court, and on December 5, 2012, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the same court on more than two occasions.

[Criminal facts] On September 29, 2015, the Defendant, without obtaining a driver’s license of a motor vehicle around 14:10 on September 29, 2015, driven the Dgland knife on the front side of Daegu Dong-gu C, under the influence of alcohol leveling 0.272% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving, and inquiries about licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, a copy of judgment, etc.;

1. Article 148-2 (1) 1 and Article 44 subparagraph 1 of the same Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the same Act;

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 sentencing conditions indicated in the records of this case, such as the protection and observation as well as the reasons for sentencing under Article 62-2 of the Social Service Order Act, and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, shall be determined in full view of the circumstances constituting the sentencing conditions indicated in the records of this case.

Unfavorable circumstances: The defendant has been punished several times for the same kind of crime in the past, and the above punishment records include two times of suspended execution, but has committed this case.

The number of alcohol concentration among the blood of the defendant is very high.

The defendant has not been in good faith in a trial.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.

The decision of the suspension of execution that the defendant has received twice is made in 2005 and in 2009.