A defendant shall be punished by imprisonment for a term of one year and two 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 history] On April 12, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic law in Daegu District Court racing support, and on September 4, 2017, a summary order of KRW 3 million for a crime of violating road traffic law (driving alcohol) was issued on September 4, 2017.

[2] Although Defendant 1 had the record of violating the prohibition of drinking driving as above, Defendant 1 driven the Epoter-fabbbing fabbing fabbing fabs, while under the influence of alcohol leveling 0.16% of alcohol level from around 15:10 on October 14, 2020 to around D 200 meters from around 15:10 on October 14, 202.

As a result, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice, and operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. The defendant's legal statement statement report on the situation of the driver who takes the driving, investigation report (report on the situation of the driver who takes the driving), and the driver's license register notified of the results of regulating drinking;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (the same criminal history of the suspect) statute;

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

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant was punished three times by a fine due to drinking driving or four times a license without a license, the fact that the driving power of drinking is relatively recent, and that the amount of alcohol concentration in blood is high, shall be taken into account.