The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 5, 2016, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on September 5, 2016; on March 3, 2017, the same court issued a fine of two million won for the same crime; and on August 30, 2018, the same court was sentenced to one year of suspension of execution on September 7, 2018, and the judgment became final and conclusive on September 7, 2018.

【Criminal Facts】

On May 26, 2019, around 03:14, the Defendant driven an E-A-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h-h

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each investigation report (as to the circumstances at the time of detection of a suspect, report on the circumstances at the time of such detection);

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous convictions in judgment: Criminal records, each summary order, and application of statutes governing judgment;

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

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

1. Judgment on the assertion of the defendant and his/her defense counsel under Article 62-2 of the Criminal Act regarding probation, community service order and education order

1. The defendant at the time of driving of the instant case, considering the increase in the blood alcohol concentration, the error in the alcohol measuring instrument, etc. in light of the gist of the assertion.