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 June 24, 2010, the Defendant received a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court Young-gu District Court Young-gu branch on June 24, 2010, and a summary order of 1.5 million won as a fine in the same court on November 25, 2015.

Although the Defendant had been punished twice or more due to drinking driving, on January 5, 2016, around 16:49, the Defendant driven C Poter cargo under the influence of alcohol for about 0.112% without obtaining a driver’s license from the front side of the Gancheon-gun, Seocheon-gun, the Gan-do Community Center, which was in front of the Gancheon-do Community Center, to the health care branch, located within the same military territorial sea, and without obtaining a driver’s license.

Summary of Evidence

Before the Defendant’s legal statement, the Defendant’s report on the circumstances of the driver who takes the driving of alcohol, the notice of the results of regulating the driving of a motor vehicle, the next inquiry into the results of the crackdown on driving of a motor vehicle: inquiry into a reply such as criminal history ( four cases); inquiry into an inquiry into an investigation report; criminal facts subject to Acts and subordinate statutes; Articles 148-2(1)1 and 44(1) (2) (2) of the Road Traffic Act; Articles 152 subparag. 1 and 43 of the Road Traffic Act (the driving of a person who takes the driving of a motor vehicle on two occasions), Articles 40 and 50 of the Criminal Act (the driving of a motor vehicle without a license) are not subject to a fine provided for in Article 53 and 55(1)3 of the Road Traffic Act (the punishment provided for a crime of violating the Road Traffic Act with heavy punishment). Although the Defendant’s order to provide community service is not subject to a suspended sentence and a fine provided for in Article 62(1)3) of the Criminal Act.

However, considering the favorable circumstances that the Defendant recognized all of the instant crimes, all of the conditions of sentencing, including age, sex, family environment, motive and circumstance of the instant crime, and circumstances after the instant crime, are considered.