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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On May 30, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support. On March 10, 201, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support. On September 24, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support. On June 11, 2014, the Defendant was sentenced to a suspended sentence of 8 months for a period of 8 months for a crime of violating the Road Traffic Act (driving), and on June 15, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) from the Daegu District Court Support Act to the Daegu District Court.

[2] Although Defendant 1 had the record of violating the prohibition of drinking driving as above, Defendant 1 driven a D low-speed car under the influence of alcohol leveling 0.157% while under the influence of alcohol leveling from about 1k meters to about the roads near the transformation station located in Dongcheon-dong on November 25, 2020, to about 1k-si CKapet road located in Sim-si, Sim-si.

Accordingly, the defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice, and simultaneously drives a vehicle without obtaining a driver's license.

Summary of Evidence

1. The defendant's legal notice of the result of regulating the driving of drinking alcohol, the statement report on the situation of the driver in charge, and the investigation report (the report on the circumstances of the driver in charge);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and each investigation report (the driving force of drinking and the same and similar criminal records of the suspect);

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving) concerning facts constituting an offense;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment