A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On October 31, 2013, the Defendant was sentenced to the suspension of the execution of two years (40 hours in a compliance instruction) (40 hours in a compliance instruction) at the Daegu District Court on June 2013, due to a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (licensed driving), and on November 12, 2015, the Defendant was sentenced to the suspension of the execution of three years (3 years in a compliance observation, community service, 120 hours in a compliance instruction, 40 hours in a compliance instruction) for the same offense in the same court on November 20, 2015, and was sentenced to the suspension of the execution.

On April 30, 2017, the Defendant was under the influence of alcohol level of 0.171% among blood transfusions. On April 30, 2017, the Defendant driven the CKakn Corpon vehicle in the section of about 4 km from the front side of the restaurant where the trade name in the west of Daegu North-gu is unknown to the front side of the entrance of the 2km-dong, Daegu-gu, without obtaining a driver’s license, from the front side of the restaurant where the trade name in the west of Daegu-gu, is unknown to the front side of the entrance.

Accordingly, the defendant was punished for a violation of the Road Traffic Act (drinking driving) more than twice, but he was under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Investigative into the ledger of driver's licenses and the main office;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and other Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. The Defendant had the record of serving two times during the last five years as well as serving a suspended sentence of imprisonment with prison labor due to drinking driving or driving without a license, and has been punished for the same kind of crime.

In particular, the period of suspension of execution due to the same kind of crime.