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

Criminal facts

On September 6, 2018, the Defendant was sentenced to one year and two years of imprisonment for violating the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court on September 6, 2018, and the said judgment becomes final and conclusive on September 14, 2018 and is still under the suspension of execution.

On February 19, 2019, the Defendant was under the influence of alcohol level of 0.102% without obtaining a driver's license on February 20, 2019. The Defendant driven E body-ray car from the Do before the Daejeon Jung-gu cafeteria to the front of the Daejeon Jung-gu D, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Arrest report, report on the circumstantial statement of a drinking driver, circumstantial report on the drinking driver, notification of the results of the regulation of drinking driving, inquiry into the results thereof, register of driver's licenses for motor vehicles, and disqualified meetings of the main office;

1. Photographs, such as control site;

1. Previous records of judgment: Criminal records, investigation reports (report on previous records and results of confirmation of dispositions), and application of Acts and subordinate statutes governing judgment;

1. Relevant provisions of Article 148-2 (2) 2, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of applicable sentences: Imprisonment for six months to one year;

2. Determination of sentence: In eight months of imprisonment, the defendant has a depth of his fault, the contact that the defendant's body is not good from his mother's mother was gathered and about to go to the hospital, and the driving distance is not relatively short, and the social relationship is evident, such as the defendant's support to his family, including his mother, is recognized.

However, the crime of this case is deemed to have been driven under the influence of alcohol without a license by the defendant, in light of the danger and the seriousness of the harm caused by the drunk driving, and the degree of blood alcohol concentration at the time.