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

[Criminal Power] On September 30, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on September 30, 2008.

【Criminal Facts】

At around 12:30 on July 12, 2019, the Defendant driven a motor vehicle with approximately KRW 100 meters at a distance of about 00 meters in front of the Emnode bank located in D on the front of the Emnode bank located in Gumi-si B without a driver’s license while under the influence of alcohol concentration of about 0.164%.

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

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Registers of driver's licenses;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (verification reports on the same criminal records) 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. 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. Article 62 (1) of the Criminal Act;

1. Probation and community service order, and the reason for sentencing under Article 62-2 of the Criminal Act include the crimes of violation of the Road Traffic Act in 2008, which are punishable by a fine of one million won, and a fine of five million won or more due to the crimes of violation of the Road Traffic Act in 2017, such as the crime of violation of the Road Traffic Act in 2008. The defendant has a number of records of punishment under the same kind of crime. The defendant's degree of alcohol level in the blood of this case, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all the conditions of punishment specified in the arguments of this case, such as the circumstances after the crime,