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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On April 14, 201, the Defendant received a summary order of KRW 3 million from the Seo-gu District Court Branch of the Daegu District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Daegu District Court on November 27, 2013.

【Criminal Facts】 On May 8, 2015, at around 00:30 on May 8, 2015, the Defendant driven B-low-income vehicle under the influence of alcohol with a blood alcohol concentration of about 0.122% without obtaining a driver’s license in a section of approximately one kilometer in front of the two-class purification business places located in the same Dong, in the front of the Cheongsagro cafeteria cafeteria, Seogu, Daegu-gu.

As a result, the defendant was driving a motor vehicle under the influence of alcohol, even though he had a record of punishment twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement on the result of crackdown on drinking driving, and a statement on the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (attached to previous records and copies of summary orders);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Although the reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order had a record of being sentenced to a fine twice for the same crime, the crime of this case is heavy in that the defendant committed each crime of this case.

However, all of the crimes of this case are led to confessions by the defendant and reflects in depth, there is no record of punishment exceeding the fine, and the age and age of the defendant.