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 Power] On October 7, 2015, the Defendant had a record of being sentenced to a summary order of a fine of four million won due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do branch of the Daegu District Court on October 7, 2015.

【Criminal Facts】

On March 15, 2020, at around 07:33, the Defendant driven a D 5 vehicle while under the influence of alcohol with a blood alcohol concentration of 0.053% without obtaining a driver’s license from the 1km in the Gu and the Gu and America from around 1km to the Gu and America C studio.

Accordingly, the Defendant violated the duty of prohibition on driving at least twice under the influence of alcohol, and at the same time, operated 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 driver's licenses and disqualified meetings of the main office;

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

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 include: (a) the defendant's blood alcohol concentration, driving distance, the circumstances in which the defendant was driven at the time of the crime of this case; (b) the defendant's status at the time of driving; and (c) all of the sentencing conditions shown in the records and arguments of this case, including the defendant's criminal records at the time of driving