A defendant shall be punished by imprisonment for two years.

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 February 1, 2010, the Defendant issued a summary order of KRW 3 million at the Daegu District Court as a crime of violation of the Road Traffic Act, a summary order of KRW 2 million on April 23, 2010, a summary order of KRW 2 million due to a crime of violation of the Road Traffic Act (driving), and a summary order of KRW 5 million at the same court on February 9, 2012, the same court issued a summary order of KRW 5 million for one year as a crime of violation of the Road Traffic Act (driving) at the same court on May 4, 2018.

【Criminal Facts】

Although the Defendant had been able to violate the provision prohibiting driving under the Road Traffic Act more than once, at around 09:20 on November 17, 2019, the Defendant driven a E-Poter truck under the influence of alcohol leveling 0.250% without obtaining a driver’s license at a section of about 20km from the front side of the North Cheongdo-gun, North Cheongdo-gun, to the front side of the D-gu, Daegu-gu, Seoul-do.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The crime of this case was committed in spite of the fact that the person had been already punished several times, including probation, community service order and order to attend education, despite the fact that there was a history of punishment for the same kind of crime, and the circumstance that blood alcohol concentration is very favorable: confession and reflect: The defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, and circumstances after the crime are revealed in the arguments of this case.