A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On December 3, 2012, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Daegu District Court on December 3, 2012, and on May 8, 2020, the said judgment became final and conclusive on May 16, 2020 after being sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime from the Seo branch of the Daegu District Court on May 8, 202.

【Criminal Facts】

On April 7, 2020, the Defendant driven an Eststun vehicle under the influence of alcohol level of about 0.082% without obtaining a driver’s license in the section of about 3km from the roads adjacent to the Daegu-gu B market to the front day of the D Daegu C, Nam-gu, Seoul-gu.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification of the results of crackdown on drinking driving, inquiry into the results of crackdown on drinking driving, details of revocation of driver's license, ledger of licenses, and inquiry into the following matters;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (former records and confirmations, and confirmations of cases during trials), and application of summary order statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the punishment, and subparagraphs 1 and 43 of Article 152 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and other conditions of sentencing as ordered shall be comprehensively taken into account, and the sentence shall be determined as ordered.

Unfavorable circumstances: the nature of crimes is considered in light of the contents of crimes.