A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On October 9, 2008, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspension of execution for the crimes of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch, and on February 23, 2012, in the Daegu District Court Kimcheon Branch, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspension of execution for the crimes of violation of the Road Traffic Act, etc., and the sentence becomes final and conclusive on March 3, 2012 and is still under suspension of execution.

【Criminal Facts】

On March 8, 2013, at around 21:50, the Defendant driven C cargo vehicle with a blood alcohol concentration of at least 0.070% while under the influence of alcohol without obtaining a driver’s license in front of a restaurant of “day-to-day altered” located in the Manyeong-dong of Gumi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of a drinking driver, report on the state of a drinking driver, report on the state of a drinking driver, and report on the results of the crackdown on drinking;

1. Registers of driver's licenses, detailed statements of revocation of driver's licenses, and statements of exclusion from main office;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. (A), investigation reports (report on confirmation before and after the disposition, report on confirmation of the date of release);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is not only that the defendant has been punished by a fine on a multiple occasions due to drunk driving or unlicensed driving, but also that the defendant committed the crime of this case during the period of the suspension of execution despite the record of the crime of this case, even though he had been punished two times or more as stated in the judgment, it is inevitable to sentence the defendant on the grounds that he committed the crime of this case during the suspension of execution.

However, the defendant's blood alcohol concentration is not high, and the defendant must support it.