Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Criminal facts

【Criminal Power】 On February 5, 2014, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court on February 5, 2014, and a fine of three million won for the same crime in the same court on December 14, 2018.

[On March 4, 2020, at around 23:25, the Defendant driven a Bpd-car under the influence of alcohol content of 0.101% without obtaining a driver’s license from the entrance of the bathing beach at the north-gu coast at the port of port to the 78 coast of the same Gu, from around 500 meters to the road.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously driven without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the report on detection of a suspect in violation of the Road Traffic Act (unlicensed driving and drunk driving), the report on the state of a drinking driver, the report on the control of drinking driving, and the register of driver's licenses

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant statutory driving for a crime: Article 148-2 (1) or 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 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. Article 62 (1) of the Criminal Act;

1. Probation, community service, and lecture attendance order of Article 62-2 of the Criminal Act are high in blood alcohol concentration for the reason of sentencing, and the Defendant was sentenced to a fine for violating the Road Traffic Act in 2005. This is the 4th alcohol driving, the Defendant’s reflective power, etc. shall be taken into account.