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

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

Punishment of the crime

On May 20, 2016, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on May 20, 2016, and on October 28, 2016, the Defendant was punished by a fine of KRW 4 million for the same crime at least twice in the same court.

On September 23:10, 2017, the Defendant was under the influence of alcohol level of 0.104% among the blood transfusions, and the Defendant was driving a vehicle with approximately approximately 200 meters away from the section of approximately 200 meters, without obtaining a driver’s license, to the front road of a multi-certified broker in front of the frequency.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Inquiries into the license ledger and the main office;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Even though the reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Act had a record of being sentenced to a fine twice due to the recent drinking driving, the criminal liability is not weak in that the defendant drives a motor vehicle in the state of drinking alcohol concentration of 0.104% without the driver's license of the motor vehicle again.

However, there is no criminal conviction or heavier for the defendant, and the defendant commits a crime against his wrong, and there is a situation that may cause harm to traffic at the time of the instant case.