A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal history] On September 2, 2010, the Defendant was sentenced to a fine of three million won due to a violation of road traffic law (drinking) in the Daegu District Court and the Daegu District Court on January 8, 2015 and sentenced to a suspended sentence of two years on October 2, 2015.

[2] Although Defendant 1 had been punished twice or more as above, Defendant 2 driven the E-R truck while under the influence of alcohol concentration of 0.148% without a driver’s license on the front side of the D, which is located in the 15:30 on March 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of a suspected violation of the Road Traffic Act, notification of the results of regulating the driving of alcohol, the circumstantial report on the driver of the vehicle concerned, and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous, summary order, text of the judgment) and other Acts and subordinate statutes;

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. In addition, not only the defendant had the same record of the crime committed several times for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, but also the criminal history of the crime committed in the case where the probation period for the same crime is too serious, and there is a significant attitude to repeat the crime in the case where the crime was committed for the same crime.

As such, it is highly necessary for the accused who has weak compliance consciousness to shoulder the awareness of drinking and non-licensed driving.

Therefore, the sentence against the defendant is inevitable, and the sentence is determined as ordered in consideration of all the sentencing factors shown in the trial of this case.