A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] The Defendant, at the Daegu District Court on August 5, 2016, is a person who renders drinking twice or more by issuing a summary order of a fine of KRW 3.5 million for a crime of violating the Road Traffic Act (driving), and on May 12, 2017, by issuing a summary order of KRW 2.5 million for the same crime at the same court.

[2] On December 20, 2017, at around 01:45, the Defendant driven a B rocketing car without obtaining a driver’s license, with approximately 2 km alcohol concentration of about 0.131% in blood from the part of approximately 2km to the front day of the mix timber in the same Gu-dong, in front of the Heart parking lot located in Daegu Northern-gu, Daegu-gu, Daegu-do.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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 of the Criminal Act and subparagraph 13 of Article 55 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as stated in the arguments of this case, shall be determined as ordered by considering the various factors for sentencing as stated in the argument of this case.