A defendant shall be punished by imprisonment for a term of one year and four 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

On March 25, 2014, the Defendant received a summary order of KRW 1,500,000 as a fine for the violation of the Road Traffic Act in the Daegu District Court Kimcheon-cheon Branch.

On July 4, 2019, at around 07:38, the Defendant driven a f1t truck without obtaining a driver’s license in the state of alcohol level of about 0.078% under the influence of alcohol level from the front side of the Kimcheon-si B to the Escer in the same city D from approximately 2km to the Escer in the same city.

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. Statement on the circumstantial statement of the employee;

1. Registers of licenses and details of driver's license revocation;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on the confirmation of criminal records of the same kind) Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Drinking: Articles 148-2 (1) and 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act.

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Probation, community service, or lecture attendance order under Article 62-2 (1) of the Criminal Act shall be chosen to be sentenced to imprisonment with prison labor, taking into consideration the criminal records, such as the reason for sentencing under Article 62-2 (1) of the Criminal Act, two cases before and after drinking alcohol, the unlicensed driving, especially when a traffic accident occurs while driving without obtaining a license, but the execution of sentence shall be postponed for a certain period on the condition of probation, community service, etc.