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 power] On December 31, 2010, the Defendant issued a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on December 31, 2010, and on February 9, 2018, the same court issued a summary order of 4 million won for a violation of the Road Traffic Act (driving) at least twice.

【Criminal Facts】

On November 10, 2018, at around 21:40, the Defendant driven a motor vehicle under the influence of alcohol level of 0.170% while under the influence of alcohol level of 0.170%, without obtaining a driver’s license from the front of the C cafeteria located in Daegu Seo-gu B to around 21:45 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of the driver without a license) and the report on the situation of driving without a license;

1. Investigation into the results of the drinking driving control, notification of the results of the drinking driving control, report on the situation of drinking drivers, and the register of driver's licenses (A);

1. Criminal records as indicated in the judgment: Criminal records, inquiry report on criminal records, review of the same kind of power, confirmation of persons subject to a system for driving under influence of alcohol, and application of Acts and subordinate statutes of Part II of the summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures has the record of having been sentenced to a fine twice due to drinking driving in 2010 and 2018, and the same crime has been repeated even though the driver's license was revoked due to drinking driving in 2018, and the defendant's blood alcohol concentration at the time of the instant crime is considerably high to 0.170%, it is necessary to strictly punish the defendant.

Provided, That if the criminal defendant recognizes the crime, he/she shall repeat the crime.