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

[Criminal Power] On August 20, 2018, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act in the resident support of the Daegu District Court.

【Criminal Facts】

On June 10, 2020, at around 21:55, the Defendant driven a H-hurburged car with approximately 800 meters alcohol level 0.113% under the influence of alcohol level 0.13%, without obtaining a driver’s license, from the front of “Cran tavern” in “E” in “B” to the front of “G” located in “E” in “G” in “G” in the same city.

As a result, the Defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice, and was engaged in driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;

1. Report on the results of the crackdown on drinking driving, the results of crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Investigation report (related to attaching images of a disaster);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of violation of the provisions prohibiting driving under the influence of alcohol not less than twice), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of violation without a license

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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant was sentenced to a fine due to drunk driving in 2018 and a fine due to an unlicensed traffic accident in 2019, the Defendant was driving under the influence of alcohol without a driver’s license.

The defendant's blood alcohol concentration is 0.113% considerably high.

However, the previous punishment power of the defendant is limited to a fine, and the defendant has been injured in a traffic accident in 2019 until now.