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

[criminal history] On April 13, 2012, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon, and on December 18, 2013, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating the Road Traffic Act.

[2] On December 22, 2017, at around 18:50, the Defendant driven a FM3 vehicle without obtaining a driver’s license in the state of alcohol concentration of about 0.117% from around 500 meters to the neighboring road located in Kimcheon-si D on the road in front of the Defendant’s residence in Kimcheon-si, Kimcheon-si.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he once again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

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. Investigation report (precination of alcohol concentration among the blood transfusion of a suspect A);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, each disposition, previous convictions, summary orders, and application of the text of the judgment;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, had the record of criminal punishment three times for the same crime, and in addition, the Defendant had been under the influence of drinking or non-licenseing.

However, the defendant is re-competing.

The defendant has a record of having been sentenced to imprisonment for the same crime.