A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] The defendant is a person who has been sentenced to a fine of six million won due to a violation of road traffic law at the Daegu District Court on October 26, 2007, a crime of violation of road traffic law at the Seo-gu District Court on October 17, 2008 and two years of suspension of execution in June, and a crime of violation of road traffic law at the Daegu District Court on October 26, 2010 and six months of imprisonment.

In addition, on February 18, 2016, the defendant was sentenced to 8 months of imprisonment for a violation of road traffic law (drinking driving) in the Seoggu District Court's branch branch on February 18, 2016, and the judgment becomes final and conclusive on February 26, 2016 and is still under suspension of execution.

[Criminal facts] On August 18, 2017, the Defendant, without a vehicle driver’s license around 19:30 on August 18, 2017, driven a c. 4.5 ton c. c. 4.5 ton c.m. car trucks at the front of a dried restaurant located in the 9-ro, Daegu Northern-ro, Daegu, in the shape of alcohol content at around 0.397 percent.

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. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, text of judgment, and summary order, 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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Unfavorable circumstances: not only the defendant has a lot of records of being punished for the same kind of crime but also a large truck with no license during the period of suspension of execution due to the same kind of crime.