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

On June 10, 2019, the Defendant was issued a summary order of a fine of five million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch on June 10, 2019.

On January 11, 2020, at around 04:12, the Defendant driven a motor vehicle in the direction of about 4 km from the front side of Kimcheon-si, Kimcheon-si, to the front side of D apartment, with approximately 0.154% of blood alcohol concentration without a driver’s license.

As a result, the Defendant violated the prohibition of drunk driving at least 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. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of disqualified meetings and driver's licenses of the main office;

1. Previouss before judgment: Application of criminal records, references to criminal records, investigation reports, and Acts and subordinate statutes;

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. The grounds for sentencing under Article 62-2 of the Criminal Act for probation, community service, or order to attend a lecture are recognized to be erroneous by the defendant. When committing the instant crime, all of the sentencing conditions shown in the records and arguments of this case, including the blood alcohol concentration of the defendant at the time of the instant crime, driving distance, circumstances leading the defendant to drive, the status of the defendant at the time of driving, and the criminal records