A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On February 3, 2020, the Defendant was issued a summary order of KRW 7 million as a crime of violating the Road Traffic Act (drinking driving) at the Seo-gu District Court Branch Branch of the Daegu District Court.

[2] On June 21, 2020, around 09:01, the Defendant driven a D low-water car under the influence of alcohol leveling 0.110% of alcohol level while under the influence of alcohol leveling 0.110%, without obtaining a driver's license, from the front side of the coast of the mutual insular sea located in the vicinity of the west-dong, Daegu Northern-gu, Daegu-gu, Daegu-gu, Seoul-do, to the middle side of the coast of the same month to the narrow side of the road of the same month.

As a result, the Defendant violated the prohibition on drinking at least twice, and at the same time, operated without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of driver's licenses for automobiles which are inquired of the results of the arrest report of the case of violation of traffic laws (driving and non-licensed driving), notification of the results of crackdown on drinking driving, statement of the situation of the driver who takes driving, and crackdown on drinking driving

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history, investigation status (the identity of the previous calendar), and a copy of summary order;

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);

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 to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant was punished by a fine due to driving under drinking, and the Defendant was engaged in driving without a license during drinking, and that the drinking level is high is disadvantageous.

However, the sentencing conditions indicated in the arguments of this case, such as the defendant's confession of the crime of this case, the fact that there is no record of punishment exceeding the fine, the fact that there is no record of punishment exceeding the fine, and the age, sex, environment, family relationship, means and result of the crime, etc., shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case.