A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On November 11, 2015, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and on April 22, 2015, the same court issued a summary order of a fine of three million won for a violation of the Road Traffic Act.

【Criminal Facts】

On July 15, 2016, at around 23:00, the Defendant moved to drive a motor vehicle under the influence of alcohol with approximately 0.073% of alcohol concentration without obtaining a driver’s license at a section of about 400 meters in front of the waterside park located in the south-gu Coast Guard located in the Southern-gu Coast Guard.

Therefore, even though the defendant had been punished more than twice as a crime of violation of the Road Traffic Act, he again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, inquiry of the results of the control of drinking driving, and the register of driver's licenses;

1. Previous offense: Application of criminal records and summary order under each statute;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

Article 40 or 50 (Selection of Imprisonment)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that drinking driving has been repeated within the short period of sentencing under Article 62-2 of the Criminal Act is disadvantageous, but it reflects the unfavorable circumstances, and there is no past judgment of suspended execution or higher, and it is not significantly high in drinking water.