A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On April 30, 2008, the Defendant received a summary order of a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court. On December 15, 2016, the Defendant was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act (drinking driving) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (drawing) at the Daegu District Court on December 15, 2016, and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drawing driving) and was sentenced to a suspended sentence of two times or more.

[2] On June 12, 2017, the Defendant: (a) driven a C New Fexton vehicle while under the influence of alcohol content of 0.104%, without obtaining a driver’s license in approximately 300 meters section from the front of the restaurant at the Daegu Suwon-gu, Daegu-gu, Incheon-dong, to the front road of the occupant conference of the apartment complex in the same subparagraph; and (b) driven a C New Fexton vehicle while under the influence of alcohol content of 0.104%.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, 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. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a summary order, and the application of the text of the judgment;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant, on December 15, 2016, was sentenced to a one-year suspended sentence due to a violation of the Road Traffic Act (dacting) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (dacting) at the Daegu District Court on December 15, 2016; (b) the Defendant was sentenced to a two-year suspended sentence; and (c) the Defendant was under a non-licensed license during the suspended sentence.