A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] The defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic laws in the Daegu District Court Port Support on November 19, 2012. On January 11, 2018, the same court was sentenced to a suspended sentence of two years for eight months and was sentenced to a suspended sentence of two years for a crime of violating road traffic laws. The judgment becomes final and conclusive on January 19, 2018.

[2] Although Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (driving of alcohol), Defendant 2 driven Croping cars at approximately 100 meters from the Do in front of the cafeteria of the cafeteria, while under the influence of alcohol leveling 0.097% in the blood while under the influence of alcohol leveling at around 02:40 on June 2, 2018 without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to the previous rulings, etc.);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) is that the distance of driving a vehicle under the influence of alcohol is not so long, and there are favorable circumstances such as recognizing a mistake by selling the vehicle that has been driven, and making a serious reflection, etc.

However, there are many kinds of criminal records, such as fine two times due to drinking driving, drinking, and non-licensed driving, punishment two times as suspended sentence of imprisonment, and punishment two times as a fine due to non-licensed driving, and in particular, the court on January 11, 2018 as stated in the first head of the crime in the judgment.