A defendant shall be punished by imprisonment for not more than ten 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 March 7, 2014, the Defendant was issued a summary order of a fine of five million won due to a violation of the Road Traffic Act (driving) in the Daegu District Court and racing support on March 7, 2014, and on September 29, 2016, five times the record of drinking driving, such as imprisonment with prison labor for the same crime from the same support, and imprisonment with prison labor for the same eight months and suspended execution for the same crime.

[Criminal facts] On January 15, 2019, at around 21:49, the Defendant driven a BM car without obtaining a driver’s license in the state of alcohol concentration of 0.075% while under the influence of alcohol at approximately 30 meters in front of the front line of the racing viewing road located in Dongcheon-dong, Dongcheon-si.

As a result, the defendant violated the Road Traffic Act prohibition regulations on drinking driving more than twice and drives a vehicle without obtaining a driver's license under the influence of alcohol in violation of the above prohibition regulations on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

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 penalty: Imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Although it is not good that the crime was committed again despite the fact that a large number of reasons for sentencing under Article 62-2 of the Criminal Act, such as the provision of community service order and the provision of an order to attend a lecture, it is deemed that the crime was committed, and that the blood alcohol content was relatively high, the defendant’s age, character and behavior, environment, family relationship, circumstances after the crime, and all other factors of sentencing indicated in the records will be given as a whole.