A defendant shall be punished by imprisonment for one year.

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 September 23, 2008, the defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Daegu District Court and the defendant was issued a summary order of KRW 3 million for the same crime in the same court on November 4, 2008.

【Criminal Facts】

On November 30, 2019, at around 23:02 on November 30, 2019, the Defendant, despite the power of violating the prohibition of drunk driving, was driving Done Star car without obtaining a driver's license in the state of alcohol with a blood alcohol concentration of about 300 meters from the 300-meter section to the front road of the racing-si.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. License register and next inquiry;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports (verification of sound driving skills);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the background of the instant crime; (b) blood alcohol concentration; (c) the record of the instant crime; and (d) the accused’s age, environment; (d) character and conduct; (e) motive and means of the instant crime; and