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] The Defendant is a person who has been sentenced to a fine of 2.5 million won or more due to a violation of road traffic law in the Gwangju District Court's net support on September 17, 2010, and a person who has been sentenced to a summary order of 2 million won or more due to a violation of road traffic law in the same court on December 28, 2012.

[Criminal facts] On October 10, 2015, the Defendant driven B Poter vehicles at approximately 100 meters in the section of approximately 100 meters from the middle apartment road located in the new Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, Yacheon-si, in the state of alcohol content 0.188% while under the influence of alcohol in blood without a driver’s license for a vehicle at around 21:26.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report, a traffic accident actual investigation report, and on-site evidence and photographs;

1. A report on detection of a driver engaged in driving, inquiry of the results of crackdown on drinking driving, and response to requests for appraisal;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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. The Defendant’s crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act is not good in view of the following: (a) even though the Defendant had been punished twice or more due to drinking driving, once again licensed or driven under drinking; and (b) the alcohol concentration in blood is considerably high.

However, there are favorable circumstances, such as the confession and reflect of the crime of this case, and the fact that the defendant has no record of punishment heavier than that of probation, and other circumstances after the defendant's age, sexual conduct, and crime.