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 of the final judgment.

Punishment of the crime

[criminal power] On September 4, 2013, the Defendant issued a fine of KRW 5 million for a violation of the Road Traffic Act (unlicensed Driving) at the Daegu District Court. On September 5, 201, the Defendant issued a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on September 5, 201, and on September 13, 201, the Defendant issued a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on September 13, 2010.

【Criminal Facts】

On July 14, 2016, the Defendant violated Article 44(1) of the Road Traffic Act two or more times, and driven a D-wing and freight vehicle under the influence of alcohol by 0.133% without obtaining a driver’s license from around 19:15 on the same day from July 14, 2016 to around 19:15 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is the number of times and time when the defendant was punished for drinking and driving without a license (the defendant was punished five times by a fine from 2001 to 2013 on the ground of drinking and driving without a license). The number of blood alcohol concentration at the time of drinking and driving in the instant case, and the fact that the defendant appears to have failed to obtain the license from the beginning, and other items of the arguments in the instant case, such as the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime.