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

Punishment of the crime

[criminal power] On October 2, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court for the crime of violation of the Road Traffic Act, and KRW 3 million by the same court on August 23, 2019, respectively.

【Criminal Facts】

On July 6, 2020, at around 01:50, the Defendant driven a Fenz car under the influence of alcohol level 0.198%, without obtaining a driver’s license, at the section of about 10km from the Daegu Suwon-gu B apartment Cdong parking lot to the front road located in Dong-gu D.

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. For the accused's legal statement, his/her oral statement, his/her circumstantial statement, his/her license to inquire into the results of the drinking driving control, his/her previous record: Criminal history records, investigation reports (verification of criminal records of the same kind), and the application of Acts and subordinate statutes of the summary order;

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 an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

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

1. Considering the fact that the sentencing of Article 62-2 of the Criminal Act requires multiple kinds of criminal records of the defendant with the reason for sentencing and the fact that the defendant has the same criminal records as the defendant, but again commits the crime in this case, and the drinking volume is very high to 0.198%, it shall be considered as the reason for sentencing favorable to the defendant. Taking into account all other circumstances, including the defendant’s age, occupation, circumstances leading to the crime, and circumstances after the crime, the defendant is sentenced to the same punishment as the disposition.