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

【The Defendant received, on December 8, 2008, a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking) from the Seo-gu District Court Branch Branch of the Daegu District Court, the summary order of KRW 2.5 million for the same crime in the same court on October 19, 2009, and the summary order of KRW 5 million for the same crime in the same court on January 31, 2017, respectively.

【Criminal facts】 On October 30, 2017, the Defendant driven a vehicle BM3 vehicle without obtaining a driver’s license in a state of alcohol level of about 50 meters from a 50-meter section under the influence of alcohol level of around 0.130% from the 50-meter section to the Korean Twit-ro, dong Gambro cafeteria, Daegu-gu, Daegu-gu, YUB-dong, Seoul-gu.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a situation report on driving of drinking alcohol;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry and a written summary order, 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order reflects his mistake by accepting the crime of this case. However, even though there has been a history of punishment several times due to drinking driving, if the crime of this case was committed, the responsibility for the crime of this case is not exceptionally applied.

In this context, the defendant's age, sex, environment, motive, means and consequence of the crime, including the numerical value of alcohol concentration in blood, the background of drinking and unlicensed driving.