A defendant shall be punished by imprisonment for not more than ten 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

【The Defendant had the record of having received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seo-gu District Court’s Seo- Branch on December 24, 2007, and a summary order of KRW 4 million for the same crime from the Daegu District Court on December 18, 2015.

【Criminal facts】 On December 15, 2017, the Defendant driven Cuba car while under the influence of alcohol leveling 0.120% without obtaining a driver’s license from approximately 300 meters from the 14:02 Sung-gu, Daegu-gu, Seongbuk-gu to the 3 CU convenience point in front of the 3 CU convenience point.

As a result, the defendant, who violated the prohibition on drinking at least twice, was driving a drinking again in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A yellow dust, on-site map, and on-site photograph;

1. Inquiries about the results of crackdown on driving alcohol and a report on the circumstances of driving alcohol;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry and a written summary order, such as criminal history;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend lectures are the defendant's perception of committing the instant crime and reflects his wrongness.

However, even though there has been a history of punishment several times due to drinking driving, unlicensed driving, etc., the Defendant has committed the instant crime, and there is a high possibility of criticism due to traffic accidents in the process.

This is the defendant's age, sex, environment, and crime, including the value of alcohol concentration in blood, the background leading to drinking and non-licensed driving.