A defendant shall be punished by imprisonment for not less than eight 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 March 4, 2009, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act, from the Yeongdeungpo Branch of the Daegu District Court on February 21, 2014.

On April 17, 2019, at around 11:43, the Defendant driven C Poter freight without obtaining a driver’s license in a section of about 2 km from the front of the Defendant’s residence in the Gannbuk-gun B to the front of the Cheong2-ri Party platform located in the same Cheonggi-gu, 98, and driving a C Poter under the influence of alcohol concentration of about 0.096%.

As a result, the Defendant, who violated the prohibition of drunk driving not less than twice, drives a motor vehicle under the influence of alcohol in violation of the above provision, and simultaneously drives a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. A report on the occurrence of a traffic accident, a report on the circumstances of a drinking driver, a report on the results of the control of drinking driving, a driver's license register, and a report on actual condition

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (report on the confirmation of the same kind of power) and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime are committed.