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

Criminal facts

The defendant 2013

6. On May 19, 2016, the Daejeon District Court has a record of being punished by a fine of four million won for a violation of the Road Traffic Act, and on May 19, 2016, by a fine of 1.5 million won for the same crime.

Although the Defendant had been punished for drinking driving two or more times, on January 13, 2019, at around 08:06, the Defendant operated Dp-car at approximately 100 meters from the front road of Daejeon Seodong-gu, Daejeon under the influence of alcohol level of 0.142%.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Arrest report on occurrence of the case, details of regulation, notification to the department related to the 112 reported case, report on the situation of a drinking driver, report on the situation of a drinking driver, notification of the results of the drinking control, and inquiry into the results of the fact;

1. Sovered scene and photograph of drinking;

1. Previous records of judgment: Criminal records, investigation reports (a copy of summary order, etc.), summary order, and application of statutes governing the judgment;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Considering the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the reason for sentencing”) of the Act on Discretionary Mitigation, the Defendant, who led to the confession of the instant crime and reflects in depth the mistake while committing the instant crime. The Defendant, while drunkly under the influence of alcohol, was waiting to park on a road if he was a rarely unfolded human resources to avoid hindering the passage of nearby hotels on the road.

In other words, the circumstances favorable to the defendant are recognized, such as the fact that the distance of operation has not been relatively long, and that the social relationship of the defendant is obvious.

However, this shall not apply.