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 April 30, 2013, the Defendant, in the Daegu District Court Kimcheon-si branch of the Daegu District Court, was punished by a fine of KRW 1.5 million, a fine of KRW 4 million, a fine of KRW 6 million for a violation of the Road Traffic Act (driving) in the same court on May 24, 2013, and a fine of KRW 6 million on May 30, 2014, issued a summary order of KRW 6 million on two or more occasions by the same court. On September 18, 2018, the Defendant driven a car in Fela while under the influence of alcohol level of KRW 0.070% without obtaining a driving license from approximately 100 meters to the front road in Kimcheon-si, Kimcheon-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records as the suspect);

1. Article applicable to criminal facts;

(a) Drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same 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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2(1) of the Criminal Act on community service and lecture attendance order is the fourth drunk driving, so the sentence of imprisonment is chosen, but the sentence is not more than the fine, and it is necessary to support the father of hearing-impaired who is the hearing impaired and the children of middle school, so the sentence is suspended, taking into account the following: