A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On April 4, 2018, the Defendant was sentenced to two years of imprisonment for a violation of road traffic at the port branch of the Daegu District Court for the crime of violation of road traffic in the Daegu District Court on April 12, 2018, and the judgment became final and conclusive on April 12, 2018, and is currently under probation. On November 13, 2014, the same court issued a summary order of 3.5 million won as a fine for the same crime, and on August 31, 2007, issued a fine of 2 million won as a fine at the Suwon District Court for the same crime.

【Criminal Facts】

On November 16:15, 2018, the Defendant driven B, while under the influence of alcohol of 0.180%, without obtaining a driver’s license from around 300 meters to the national highways of the same Eup/Myeon, from around 16:15, the Defendant driven B, while under the influence of alcohol of 0.180%.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (report on the same records of driving a suspect under influence and filing of copies of summary orders);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. In light of the circumstances that are disadvantageous to the Defendant, the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, including the fact that the Defendant had been punished for the same kind of crime, the Defendant once again imprisoned or driven without a license during the suspension of the execution period due to drunk driving, and the fact that the taking of alcohol is considerably high, a sentence of sentence on the Defendant is inevitable.

However, the defendant is wrong.