A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On January 4, 2011, the Defendant was sentenced to six months of imprisonment and two years of suspended execution due to a violation of road traffic laws in Daegu District Court and racing support, and on July 28, 2015, the Defendant was issued a summary order of two million won by the same court as a crime of violating road traffic laws.

On October 20, 2015, at around 21:25, the Defendant driven C truck under the influence of alcohol content of about 4 km from the front of the Defendant’s residence in the racing-si B to the roads front of the same string-dong at the same time, and without a driver’s license, while under the influence of alcohol content of about 0.083%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of suspects in violation of traffic laws (driving or non-license for driving under drinking), notification of the results of crackdown on driving under drinking, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following circumstances for sentencing): The defendant reflects his own crime, the drinking volume is not relatively high, the circumstances unfavorable to the fact that there is no criminal record: The period of punishment for driving under the influence of alcohol or driving without a license to drive under the influence of alcohol has reached nine times, the fact that there is a criminal record of the same suspended sentence, and the fact that the person was issued a summary order due to driving under the influence of alcohol has not been long since the issuance of the summary order was not long.