A defendant shall be punished by imprisonment for four 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] On June 16, 2016, the Defendant was sentenced to a suspended sentence of two years for a violation of road traffic laws (drinking driving), etc. at the Daegu District Court, and the said judgment was finalized on the 24th of the same month. On November 2, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking driving), and on February 2, 2009, issued a summary order of KRW 1 million for the same crime at the same court.

[2] While Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (driving of alcohol), Defendant 2 driven B cab at a distance of about 1 km in the direction of alcohol leveling 0.082% during the blood while under the influence of alcohol leveling around April 7, 2016 without obtaining a driver’s license for a motor vehicle on April 14:2, 2016, and operated B cab at a distance of about 1k meters in the direction of the transmission distance from the south-gu Tri-do Trido Trido to the road near the police box in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (Search of the same type of judgment);

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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

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

1. Circumstances unfavorable to reasons for sentencing under Article 62-2 of the Criminal Act: A traffic accident due to simple drinking or non-licensed driving, which is advantageous to the fact that a person has a record of punishment twice due to drinking driving prior to the instant case.