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

[criminal history] On March 31, 2017, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court, and on April 14, 2017, the same court issued a summary order of KRW 4 million for the same crime.

[2] On October 21, 2018, the Defendant driven a B-port car without obtaining a driver’s license in a state of alcohol concentration of about 0.176% from a 500-meter radius from the 36-1 Cheongsung-gu Cheongdong-ro, Daegu, Daegu, to the 180-day Cheongdong-ro, Daegu, Daegu, the Defendant driven the B-port car without obtaining a driver’s license in a state of under the influence of alcohol concentration of about 500 meters.

In this respect, the defendant was punished for drinking twice or more, and was driving again or without a license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. License register, etc.;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and of a report on investigation (verification of the same criminal records as the suspect);

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 fact that the person has already been punished several times due to drinking driving, and circumstances that are relatively favorable to the degree of alcohol concentration in blood: The defendant's age, sex, sex, environment, family relationship, motive and consequence of the crime, and circumstances shown in the arguments of this case, such as the circumstances shown in the arguments of this case, shall be determined as ordered, taking into consideration the following factors: