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

Punishment of the crime

On February 5, 2015, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act at the Daegu District Court, and was sentenced to a summary order of 5 million won for a crime of violating the Road Traffic Act at the same court on December 4, 2013. On June 11, 2013, the Defendant was issued a summary order of 2 million won for a crime of violating the Road Traffic Act.

On December 31, 2017, the Defendant driven B 1st truck with alcohol level of about 0.206% while under the influence of alcohol level of about 300 meters from the front side of the “cafeteria cafeteria” located in Daegu-ro, Daegu-ro, Daegu-ro, Daegu-do, to the front side of the public parking lot with approximately 34-2,00 square meters old, without obtaining a driver’s license.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiries about criminal history, investigation reports (referring to the same type of criminal records, binding of the judgment and copies of the summary order), and text of judgment;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include two times of imprisonment with prison labor for a crime of violating the Road Traffic Act at the Daegu District Court on February 5, 2015 and two times of suspension of execution for a crime of violating the Road Traffic Act at the Daegu District Court on March 16, 2017.