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

[criminal power] On September 9, 2010, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch, and the Defendant was issued a summary order of seven million won (7 million won) by the same court on April 8, 2015.

【Criminal Facts】

On March 18, 2019, at around 14:00, the Defendant driving a car 160-day LT with no number plate for 0.229% under the influence of alcohol level 0.29% in the 1km section from around 14:0 to around 3, 2019, when the Defendant was under the influence of alcohol level 0.229% from around 14:0 to around 14:0.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, drives a motor vehicle while under influence of alcohol in violation of the above provision, and simultaneously drives a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Each E statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Investigation report (report on the circumstances of a driver), internal investigation report (a photographic of an ozone layer) and investigation report (a kind of otobane);

1. Previous convictions in judgment: Criminal history records, a copy of each written judgment, and the application of Acts and subordinate statutes of each summary order;

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 of the Road Traffic Act; Article 43 of the Road Traffic Act; the choice of imprisonment for a crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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

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

1. The defendant with the reason of sentencing under Article 62-2 of the Criminal Act for probation and community service order is driving or driving in the same kind.