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

On December 17, 2012, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court, and the summary order of KRW 4 million for the same crime in the same court on January 29, 2014, respectively.

On March 23, 2019, at around 23:38, the Defendant driven Cbenz car under the influence of alcohol with approximately 100 meters alcohol concentration 0.174%, without obtaining a driver’s license, from the street in front of the Dotan Station located in the Hasung-si, Masan-si to the front of the Hasung B apartment, and without obtaining a driver’s license.

As a result, the Defendant violated the regulations prohibiting drinking driving more than twice, and was engaged in driving without a license at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Records of judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect's same kind of records);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The crime of this case with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is one of the records of driving under the influence of alcohol more than twice, and the defendant, whose driver's license was revoked on November 18, 2013, with no license or driving under the influence of alcohol, and the nature of the crime is not less easily and more, and the numerical value of blood alcohol concentration due to the drinking of this case is higher.

The defendant is not aware of the fact that he had been punished for a fine twice due to drinking driving and driving without a license even though he had a record of being sentenced to a fine for each time due to driving without a license. In addition, there is a lot of possibility of criticism.

However, the defendant committed the crime of this case.