A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 11, 2013, the Defendant was sentenced to a fine of five million won due to a violation of road traffic law in the Seo-gu District Court Branch of the Daegu District Court on the following grounds: (a) on October 4, 2015, the Defendant was sentenced to a suspended sentence of six months for the same crime; and (b) on two or more occasions due to drinking driving, the Defendant was sentenced to a suspended sentence of two or more times for six months.

On May 31, 2018, at around 02:50, the Defendant driven a vehicle with low alcohol content of 0.051% from blood while under the influence of alcohol without a driver’s license, from around 10km to the road in front of the mutual infence house located in the Dong-gu, Seogu, Daegu-gu, Daegu-gu, Seoul-si, to the full four-day street located in the same city Nowon-gu, Nowon-gu.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The court shall determine the punishment as ordered in consideration of the various circumstances shown in the pleadings of this case, such as the defendant's age, sexual behavior, environment, family relationship, motive and consequence of the crime, etc., even though there was a history of having been punished several times for the same kind of crime, and the fact that the crime of this case was committed at the same time: The confession and reflect is low, and the alcohol concentration in blood is low.