A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[criminal power] On May 26, 2010, the Defendant was sentenced to one year of imprisonment and two years of suspension of execution for the crimes of violation of the Road Traffic Act, etc. at the Seogu District Court Branch of the Daegu District Court. On July 12, 2019, the Defendant was issued a summary order of KRW 3.5 million for the crimes of violation of the Road Traffic Act at the Daegu District Court.

【Criminal Facts】

On June 27, 2020, at around 02:00, the Defendant driven Esch Rexroth under the influence of alcohol concentration of 0.101% without obtaining a driver’s license from around 100 meters from the front road of Daegu Jung-gu, Daegu to the front road of the same Gu D, and without obtaining a driver’s license from around 100 meters.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, operated the same time without the driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and investigation report on the results of the control of drinking driving (Listening to the suspect’s statement on the distance of drinking driving), and the register of driver’s licenses;

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

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend the course of education was that the Defendant had driven a motor vehicle again without a driver's license even though the Defendant had a history of drinking driving twice, and the Defendant's liability for the crime is not less

However, the defendant recognizes all the facts charged, and considers the fact that the distance of drinking driving is not long, etc. in favor of the defendant, as favorable to the defendant, and is shown in the arguments in this case, such as the defendant's age, character and behavior, health status, family relationship, means and results of the crime, and the circumstances after the crime.