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

On January 18, 2007, the Defendant issued a summary order of KRW 3 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving in drinking), in the support of the Daegu District Court Kimcheon, on October 24, 201, the summary order of KRW 4 million for a violation of the Road Traffic Act (driving in drinking), and on November 30, 201, in the support of the Daegu District Court Kimcheon, the summary order of KRW 5 million was issued for a violation of the Road Traffic Act (driving in drinking), respectively.

Although the Defendant had a history of driving alcohol more than twice as above, on May 21, 2016, at around 09:30, the Defendant driven a CNEW NFNF rocketing car with approximately 0.090% alcohol level while under the influence of alcohol without obtaining a driver’s license in the 13km section from the front of Kimcheon-si to the front road of the Gyeongbuk-do in addition to the Gyeongcheon-si, Kimcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the summary order of the same type crime);

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Article 62-2(1) of the Criminal Act provides that an order to provide community service and attend lectures has already been punished several times due to driving without a license for the reason of sentencing (limited to driving under drinking only five). In addition, the same crime was committed in the same manner, and the alcohol concentration in blood is also high.

Therefore, the sentence of imprisonment shall be selected.