A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On March 20, 2009, the Defendant was notified of a summary order of a fine of one million won for a violation of the Road Traffic Act in the Changwon District Court's Jinju branch on March 20, 2009, and on March 29, 2013, the Defendant was subject to the notification of a summary order of a fine of four million won for the same crime from Changwon District Court's Jin branch on at least two occasions.

On October 11, 2016, at around 14:51, 2016, the Defendant driven a Dcoon vehicle with a blood alcohol concentration of about 0.148% without a car driver’s license, at a distance of about 300 meters from the front road of the regal distance in C on the road located in front of the dwelling of the Defendant located in Gohap-gun, Gohap-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence of the case, report on the control of drinking driving, report on the driver’s license, etc.;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, is that the defendant can have the history of punishment due to the previous conviction, and that the blood alcohol concentration was also posted at the time of driving under the influence of alcohol in this case, are disadvantageous to the defendant

On the other hand, the fact that the defendant is against his own crime is favorable to the defendant.

In addition to each of the above circumstances, the sentence identical to the disposition shall be imposed by comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the records and arguments, including the defendant's age, character and conduct, occupation and environment, and the background of each of the