A defendant shall be punished by imprisonment for one year.

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 December 1, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the port support of the Daegu District Court, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Daegu District Court racing support on August 16, 2017.

[2] Although Defendant 1 had the record of violating the prohibition of drinking driving as above, Defendant 2 driven a Fpoter (PORTII) cargo vehicle in the state of alcohol alcohol concentration of about 0.037% while under the influence of alcohol without obtaining a driver's license from the front side of the C cafeteria located in Gyeong-si on September 14, 2020 to the front road located in D at the same time, from around 300 meters.

Accordingly, the defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice, and simultaneously drives a vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of the driver who takes the driving license ledger, investigation report (report on the situation of the driver who takes the driving license), and notification of the results of regulating the driving of 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 third driving of drinking without a license and the amount of alcohol concentration in blood, etc. for the reason of sentencing Article 62-2 of the Criminal Act;