Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 23, 201, the Defendant received a summary order of KRW 1 million from the Daegu District Court on February 23, 201, a summary order of KRW 3 million from the Daegu District Court on March 6, 201, and a summary order of KRW 5 million from the Daegu District Court on July 7, 2017.

On January 21, 2020, the Defendant, at approximately 08:55, driven a two-wheeled vehicle in the section of approximately 500 meters from the front of the Daegu Middle-gu B apartment to C, and without obtaining a driver’s license to drive the two-wheeled vehicle in the section of about 500 meters from the front of the Daegu Jung-gu B apartment, and was under the influence of alcohol concentration of about 0.128%.

Accordingly, the defendant driving a two-wheeled vehicle without a driver's license, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The legal statement, statement, report on the occurrence of traffic accidents by defendants and the actual condition investigation report;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to the prosecution investigation report (verification of criminal records of the same kind);

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 the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act dealing with the settlement of conceptual concurrences;

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

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

1. Although the history of punishment for sentencing under Article 62-2 of the Probation Criminal Act is three times, the crime is more serious and the risk of recidivism is likely to be committed in full view of the following: (a) the control standard and statutory punishment are repeated only after the implementation of the current Road Traffic Act, which greatly strengthened the standards for eradicating the harm caused by drinking without permission; (b) the degree of blood alcohol content exceeds the revocation standards; and (c) the degree of blood alcohol content is deemed to exceed the upper limit of the revocation standards.