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

【Criminal Power】 On May 17, 2010, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act, etc. at the Ulsan District Court, which was sentenced to a fine of 2.5 million won, and on November 28, 2011, the Defendant was sentenced to imprisonment for 6 months and 2 years for the same crime in the same court.

【Criminal Facts of Crimes】 On September 20, 2016, the Defendant driven a EKaf car at a section of about 10 meters from the Do in front of the office located in Ulsan-gun B with a blood alcohol concentration of at least 0.082% under the influence of alcohol without obtaining a driver’s license on September 20, 2016.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, driving a motor vehicle under the influence of alcohol again, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, inquiry of the results of the crackdown on drinking driving, and application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Article 62 (1) of the Criminal Act;

1. The fact that the defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, has already repeateded the crime of this case, even though the period of drinking driving, including his previous convictions, was four times more than that of probation, and that there seems to be no circumstances to consider the circumstances of driving, etc., are extremely unfavorable. However, considering the favorable circumstances, such as the defendant’s personal nature and behavior, family relationship, home environment, motive and means of the crime, and circumstances that are conditions for sentencing, such as the defendant’s age, character and behavior, family relation, home environment, motive and means of the crime, etc., the sentence is determined as per the disposition.