A defendant shall be punished by imprisonment for six 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 history] On September 5, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 3.5 million for the same crime from the Daegu District Court Kimcheon on June 2, 2016.

[ 범죄사실] 피고인은 2017. 7. 27. 00:04 경 구미시 고아읍 문 성리에 있는 세 영리 첼 아파트 앞 도로에서부터 구미시 봉 곡 남로 194에 있는 산호 갈비 앞 주차장에 이르기까지 약 2km 구간에서 자동차 운전면허 없이 혈 중 알콜 농도 0.132% 의 술에 취한 상태로 B 쏘나타 승용차를 운전하였다.

Therefore, although the defendant had been punished for driving under drinking more than twice, he again driven the above vehicle without a driver's license while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

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

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has already been subject to criminal punishment for the same crime three times.

At the time of the instant case, the amount of alcohol concentration among the blood of the Defendant is also high.

However, the defendant is re-competing.

The defendant has no history of criminal punishment exceeding a fine.

The above circumstances include the defendant's age, sex, family relationship, and circumstances after the crime.