A defendant shall be punished by imprisonment for not more than ten 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 November 10, 2011, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court for eight months. On August 9, 2017, the same court received a summary order of one million won as a fine for a violation of the Road Traffic Act.

Even if the Defendant had been punished for drinking driving twice or more as above, on February 12, 2018, the Defendant driven a motor vehicle Epote test without obtaining a driver’s license from approximately 3km section to the “D” road located in the same city as it was under the influence of alcohol level of about 0.122% from around the 3km section of the Gu-U.S. B apartment site in the vicinity of the Gu-U.S. B apartment site to the “D” road in the same city.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The actual survey report and on-site photographs;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of driver's licenses and details of cancellation thereof;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on the confirmation of the same kind of force)-related Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act.

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. Probation and community service and lecture attendance order under Article 62-2(1) of the Criminal Act have a history of being sentenced to a suspended sentence of imprisonment due to the occurrence of an accident in the course of drinking alcohol driving, and considering the fact that the third drinking driving was discovered by drinking alcohol driving and the degree of drinking is not less than that of drinking, a person is selected to be sentenced to imprisonment, and the last sentence of drinking alcohol driving was seven years prior to the suspended sentence, and the last sentence of drinking alcohol driving was a number of years prior to the suspended sentence and the last sentence of drinking alcohol driving was several times to the violation of the Constitution of the Republic of Korea.