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, at the Daegu District Court on July 7, 2010, is a person who drives drinking at least twice after receiving a summary order of a fine of two million won for a crime of violating the Road Traffic Act (driving) from the same court on December 21, 201, a summary order of a fine of one million won for the same crime in the same court on December 21, 201, and a summary order of five million won for the same crime in the same court on December 29, 2017.

[2] On January 31, 2018, the Defendant driven B rocketing car without a driver’s license in the state of alcohol alcohol concentration of approximately 0.133% from a 500-meter section of alcohol alcohol to the same Cheongskin’s front road located in the Daegu Geum-gu Geum-dong, Daegu Pungdong to approximately 180 square meters.

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, investigation report (former and copy of the summary order);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant has already been punished three times for the same kind of crime, and there is no record of punishment exceeding the fine. However, it is recognized that the favorable circumstances are recognized, such as the fact that the defendant recognizes all of the crimes of this case and reflects it.