A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【Criminal Power】 On July 18, 2014, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act at the Daegu District Court, and on February 7, 2018, the Defendant was punished by imprisonment with prison labor for a violation of the Road Traffic Act (driving) and two years for suspension of execution on September 13, 2018 at the Seo branch court of the Daegu District Court, and the said judgment became final and conclusive on September 21, 2018.

【Criminal Facts】 On September 11, 2018, around 18:39, the Defendant driven an E rocketing car under the influence of alcohol leveling 0.159% without a vehicle driver’s license at the 30km section from the front of the Daegu Northern-gu, Daegu-gu, to the front of the “D” in the Daegu-gu, Seoul-gu, a vehicle with the blood alcohol leveling to 0.159%.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. A report on the occurrence of a traffic accident, a traffic accident report, a report on the results of the drinking driving control, a report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions: Criminal records, written judgments, and application of summary order statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation was determined by the Defendant, but the Defendant had been tried due to drunk driving, etc. before the date of the judgment, and was also under the influence of alcohol in the state of license without permission. The fact that the nature of the offense is not good, and the Defendant three times only in the year 2018.