A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] On June 19, 2009, the Defendant was sentenced to the suspension of the execution of ten months for a violation of road traffic law at the Seo-gu District Court Branch of the Daegu District Court, and was sentenced to four months for the same crime at the Daegu District Court on July 20, 2010. On May 12, 2015, the Defendant was sentenced to three years for the suspension of the execution of one year for the same crime at the Seo-gu District Court Branch of the Daegu District Court, and was currently pending in the appellate court, and was in violation of Article 44(1) of the Road Traffic Act at least twice.

[2] On February 1, 2016, the Defendant driven an E rocketing car under the influence of alcohol of about 0.188% during blood without obtaining a driver’s license from around 22:30 on the front of Daegu Northern-gu, Daegu Northern-gu, to the front road of the same D Hospital, and without obtaining a driver’s license from around 500 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes of investigation report (the same kind of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for the mitigation of weight - The Defendant’s late reflects the Defendant’s crime: The disadvantageous circumstances: (a) the Defendant was punished by drinking or non-licensed driving; (b) not only once (4 times a punishment is imposed, once a suspended sentence, once a sentence is imposed) but also the Defendant was punished by drinking or non-licensed driving; and (c) “Drinking or non-licensed driving on January 15, 2015,” due to the criminal facts committed by “the Defendant was under drinking or non-licensed driving on January 15, 2015” after receiving an appeal of three years of suspended sentence of imprisonment with prison labor for a year from the Seo branch of the Daegu District Court on May 12, 2015; and (d) the driving of the instant drinking in the same state without a license during the trial; and (e) the amount of alcohol concentration in the blood alcohol at the time of driving the instant drinking.