A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【Criminal Power】 On February 26, 2019, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for the violation of the Road Traffic Act at the Seo-gu District Court Branch Branch of the Daegu District Court on February 26, 2019 and the said judgment became final and conclusive on March 5, 2019.

【Criminal Facts of Crimes】 On February 25, 2019, the Defendant driven a F Trate car under the influence of alcohol content of 0.113% without a car driver’s license at the section of about 1km up to the front road of the (ju) EE factory located in Ccafeteria located in Daegu-gun, Daegu-gun, at around 19:30.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, report on the control of drinking driving, the register of driver's licenses, and making an inquiry into the motor vehicle;

1. Previous records of judgment: Criminal records, investigation reports (report on the results of confirmation before and after disposition, and attachment of a copy of judgment), and application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (2) 2, 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. The reason for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act that treats concurrent crimes has a history of having been punished several times due to drinking and unlicensed driving, and further, the crime of drinking driving in this case was committed again in the final judgment as stated in the holding, and the nature of the crime is poor and the risk of recidivism is also high;

When drinking driving is a crime that may cause a serious danger to the life and body of others as well as himself, and the revised Road Traffic Act has strengthened criminal punishment by raising the statutory penalty for it, it is necessary to remove the defendant's habition and impose criminal liability corresponding to the repeated crime in order to improve the attitude of pursuing road traffic order.

However, the crime of this case has become final and conclusive.