A defendant shall be punished by imprisonment for one year.

except that 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 November 25, 2010, the Defendant was sentenced to a suspended sentence of ten months with prison labor for a violation of the Road Traffic Act, etc. at the Seobu branch of the Daegu District Court on November 25, 2010. On October 10, 2016, the Defendant was sentenced to a summary order of six million won with prison labor for a violation of the Road Traffic Act (non-accident of accident) and a violation of the Road Traffic Act (driving).

Although the Defendant violated the provision on the prohibition of drinking alcohol driving twice or more, on August 8, 2018, at approximately 1.3km from the front road located in Daegu-gun, Daegu-gun, to the front road of the construction site of the above D apartment, the Defendant driven the E-Poter cargo without obtaining a driver’s license, and at the same time, while under the influence of alcohol level of 0.106% at the same time, the Defendant driven the E-Poter truck.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with respect to F, and F’s statement;

1. Inquiry into the results of crackdown on drinking driving, the report on the statement of the status of drinking drivers, and the notification of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Investigation report (Calculation of blood alcohol concentration);

1. Previous records of judgment: Criminal records, inquiry reports, summary order, application of Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is that the Defendant is strictly punished in consideration of the following: (a) even though he/she was able to have a previous and unlicensed driving; (b) repeats the instant drunk driving and unlicensed driving; (c) high drinking level; and (d) risk of drunk driving.

However, the defendant's mistake is recognized, and the defendant does not commit a second offense while against his or her own mistake, and the defendant complained of it simply, and again, disposes of the vehicle of this case due to a mistake that does not drive under drinking and drive without a license, etc., the reasons for the control, the driving distance, and the driving distance.