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 is a person who, at the Daegu District Court on November 24, 2008, conducted drinking twice or more by receiving a summary order of a fine of one million won for a crime of violating the Road Traffic Act, and on January 13, 2010, the same court issued a summary order of a fine of three million won or more for the same crime.

[Criminal facts] On May 31, 2018, the Defendant driven a B-A-di vehicle without a driver’s license in the state of under the influence of alcohol content of about 0.133% from the 7080 main points in the Daegu Suwon-gu, Daegu-gu to the extent that the Defendant was unable to meet the waterability of the said 2-dong from around 500 meters to the adjacent area.

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. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of investigation report (Attachment to the text of judgment, etc.);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are several times of punishment for the same kind of crime, the fact that the blood alcohol concentration is relatively favorable: confessions and reflects the fact that the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and other circumstances shown in the pleadings of this case, such as the circumstances after the crime, shall be determined as per the order, taking into consideration the following circumstances.