A defendant shall be punished by imprisonment for one year.

Punishment of the crime

【Criminal Power】

1. On December 18, 2008, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch on December 18, 2008, and was also subject to a suspended sentence of two years from June 1, 2006.

2. On April 12, 201, the Daegu District Court was sentenced to a suspended sentence of three years for eight months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. in the Daegu District Court's support on April 12, 201;

3. On March 20, 2015, the same court was sentenced to a suspended sentence of one year of imprisonment for the same offense, etc. and is currently pending in the appellate trial.

【Criminal Facts】

On July 9, 2015, the Defendant was under the influence of alcohol with 0.106% of blood alcohol concentration without obtaining a driver’s license on July 22, 2015, and was driving from around 300 meters to about 300 meters from the front day of the mar mother’s mar, which is in the village of a permanent city, to the ginna road of the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, inquiry into the results of the control of drinking driving, the register of driver's licenses, and inquiry into the disqualified license;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report on the results of confirmation before and after disposition, previous records and written judgments, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment for a violation of the Road Traffic Act);

1. The Defendant had a history of punishing a fine and a suspended sentence three times (including the case of appeal) due to drinking and unlicensed driving on several occasions. In particular, on March 20, 2015, the Defendant was sentenced to one year of imprisonment and three years of suspended execution due to drinking and unlicensed driving on March 20, 2015, and the prosecutor appealed from the judgment (Tgu District Court 2015No1322) and filed an appeal by the prosecutor, and again, the Defendant was under the influence of drinking and unlicensed driving, and the nature of the offense is heavy.

(b).