A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 04, 2015, the Defendant was sentenced to a suspended sentence of two years for one year for a crime of violation of road traffic law in the Daegu District Court Port Branch of the Daegu District Court, and two years for a suspended sentence of four months for the same crime in the same court on November 26, 2008. On November 1, 2006, the same court issued a summary order of three million won for the same crime, and on April 16, 2004, the same court issued a summary order of three million won for the same crime.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on August 8, 2017, at around 03:23, the Defendant driven a B-Tech car at a section of about 500 meters from the front of the dead-do death in the north-gu Dong at the port to the front of the CU convenience store located in the same Gu, while under the influence of alcohol level of 0.105% during blood without obtaining a driver’s license on August 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report on the driver involved, response to requests for appraisal, and the driver's license register of the motor vehicle;

1. Previous records: Application of Acts and subordinate statutes to inquiries about criminal records and investigation reports (Attachment to a copy of the previous decisions, etc.);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following circumstances considered as favorable among the reasons for sentencing) lies in a favorable circumstance under which the defendant has committed an attitude to recognize and reflect in depth the defendant's mistake.

However, the crime of this case was committed without being sentenced to two times as a result of the suspended sentence of imprisonment, even though there was a record of punishment for drinking driving or non-licensed driving through several times, and in particular, the crime of this case was committed during the suspended sentence of imprisonment due to drinking driving.