A defendant shall be punished by imprisonment for not less than one year and six 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 power] On October 25, 2012, the Defendant was issued a summary order of KRW 5 million by the Daegu District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of KRW 2.5 million by the same court on May 10, 2013, respectively.

【Criminal Facts】

On September 27, 2020, at around 03:05, the Defendant driven a Doz car under the influence of alcohol concentration of about 0.170% without obtaining a driver's license in the section of about 20 meters from the 20m from the front of Daegu Suwon-gu B to the front of C.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The defendant's legal statement, the report on the state of his driving under the influence of alcohol, the report on the situation of his driving under the influence of alcohol, the report on the results of the control of his driving under the influence of alcohol, the report on the investigation into the driver's license (the report on the state of his driving under the influence of alcohol), the register of the driver's license for the motor vehicle, the

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (a confirmation report on the same criminal records as the suspect, a list of related cases, and three copies of summary orders);

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 a sentence of imprisonment with prison labor selected under Articles 40 and 50 (Punishment prescribed for a crime of violating the Road Traffic Act due to a heavy drinking operation) of the Commercial Concurrent Crimes Act;

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

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

1. On September 25, 2018, the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that a citizen was placed in a brain-dead state and that a case was eventually caused by the loss of his/her life.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.