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 June 20, 2007, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act at the Jung-gu District Court on February 26, 2016, respectively.

Criminal facts

On September 5, 2016, at around 20:15, the Defendant driven a B B B B B-type vehicle without obtaining a driver's license in the state of alcohol alcohol concentration of about 1.5 km from the front of the fluent restaurant located in the fluent side of the two weeks to the front day of the fluence of the two weeks.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. License register;

1. Previous records of judgment: Criminal records, etc., inquiry reports, previous records of dispositions, reports on results of confirmation, and application of Acts and subordinate statutes to investigation reports;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances that are favorable to the fact that the defendant's records of punishment for drunk driving are four times: The defendant's depth is reflected in recognizing the crime of this case; there is no record of punishment exceeding the fine for the same kind of crime; and the defendant's age, character and conduct, environment, family relationship, means and result of the crime; and the various conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as per the Disposition