A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[2] On December 12, 2013, the Defendant was sentenced to a fine of one million won due to a violation of road traffic law (unlicensed driving) at a general military court of the Gun operated on December 2, 2013. On March 22, 2017, the Defendant was sentenced to a fine of five million won due to a violation of road traffic law (unlicensed driving) in the Daegu District Court of the Daegu District Court of its branch on March 22, 2017. On February 18, 2016, the Defendant was sentenced to a suspension of the execution of six months of imprisonment with labor for a violation of road traffic law (driving driving) at the Daegu District Court of the Daegu District Court of its branch on February 18, 2016. The judgment becomes final and conclusive and is still under the suspension of execution.

[Criminal facts] On July 10, 2017, the Defendant driven a F rocketing car while under the influence of alcohol concentration of 0.178% in blood without a vehicle driver’s license on the road front of the E convenience store located in 00:35 on July 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, circumstantial statement report, and driver's license register;

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, investigation reports (formers, court rulings, transfer decisions and written opinions attached thereto);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The Defendant not only is under the suspension of the execution due to drinking driving, etc., but also committed the instant crime even though he/she was punished by a fine during the suspension of the execution period. It is inevitable to sentence the Defendant, who has weak compliance awareness, with the sentence on the Defendant, who has failed to be sentenced.

However, in consideration of the fact that the defendant is led, drinking driving is the second calendar, and all other factors of sentencing as shown in the trial of this case, the punishment as ordered shall be determined.