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 this judgment becomes final and conclusive.

Punishment of the crime

On January 31, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on January 31, 2013, and was sentenced to a suspended sentence of KRW 2 years for the same offense in the same court on April 3, 2014.

On July 1, 2016, at around 00:10, the Defendant driven a C-hurged vehicle with approximately 100 meters alcohol concentration 0.120% under the influence of alcohol without obtaining a driver’s license, from the road front of the 6 Han-si Park, Kimcheon-si, Kimcheon-si, to the road front of the same 19-ro 19-gil.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Scenic photographs of the control site;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

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. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. has the history of having been punished two or more times due to driving without a license for drinking alcohol, and in particular, the Defendant committed the instant crime again while driving without a license during the suspension of the execution period, which is against the Defendant, such as the fact that the Defendant committed the instant crime again while driving without a license again, and that the blood alcohol level is relatively high, and that the driving distance is relatively short, the Defendant’s age and character, character and environment, the background of the instant drinking driving, and the circumstances after the instant crime, etc., and all other circumstances that are conditions for sentencing specified in the pleadings of the instant case, shall be determined as the sentence as the Disposition.