A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 10, 2008, the Defendant was sentenced to imprisonment with prison labor for eight months on December 15, 2007 at the Gunsan Branch of the Jeonju District Court on December 10, 2008 and on November 6, 2008 on driving under influence of alcohol.

Although the Defendant was punished for driving two times or more as above, on June 8, 2018, the Defendant driven a BS-type car under the influence of alcohol concentration of about 0.096% while under the influence of alcohol leveling without obtaining a driver’s license from the front side of the BS-type B from the front side of the BS-type BS-type B-type car to the front side of the 50-rohn-ro of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, copy of the judgment, and statutes;

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 full view of the criminal records of the defendant for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation (such as the record of drinking driving, the record of escape from drinking and refusal to measure drinking after a traffic accident, the record of non-licensed driving, etc.), the degree of alcohol concentration in the blood of the defendant at the time of driving of the instant case, and the fact that the defendant has no driver's license

However, in full view of the various sentencing conditions as shown in the records and the theory of changes, such as whether the defendant is against the defendant or not, family relations, and health status, the last sentence is determined as the same as the order.

It is so decided as per Disposition for the above reasons.