A defendant shall be punished by imprisonment for six 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

[criminal power] On July 14, 2009, the defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act by the same court. On October 22, 2014, the same court received a summary order of five million won as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On October 8, 2016, at around 22:30, the Defendant driven B rocketing GL car under the influence of alcohol 0.142% without obtaining a driver’s license from approximately 1.5 km section from around 545-10, Jung-gu, Daegu, Jung-gu, to the roads in front of New Mancheon-dong.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and once again driven a car without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Before ruling: Criminal history records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect-like records);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic 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. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as follows.

The defendant has been punished several times for the same kind of crime in the past, and the above punishment records include the suspended sentence sentenced by each sentence in 2004 and 2009.