A defendant shall be punished by imprisonment for one year.

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 June 30, 2010, the Defendant was notified of a summary order of KRW 2 million due to a violation of the Road Traffic Act in the resident settlement support of the Daegu District Court. On June 21, 2017, the Defendant was sentenced to a suspended sentence of KRW 2 million with imprisonment for the same crime in the Daegu District Court Kimcheon Branch, and the said judgment became final and conclusive on June 29, 2017.

On March 22, 2019, at around 03:40, the Defendant driven a Burm car without obtaining a driver's license in the state of alcohol alcohol concentration of 0.090% from the front of the 159 lux post office in front of the same Eup/Myeon from the front of the 159 lux post office in front of the same Eup/Myeon.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving under the influence of alcohol and without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, replys to criminal records, and the application of Acts and subordinate statutes to report criminal investigation by the prosecution (the confirmation of crimes during the period of suspended sentence

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced from June 25, 2019) concerning the facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act (the points of driving without a license)

1. Articles 40 and 50 of the Criminal Act dealing with the settlement of conceptual concurrences;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is not less than five times and the defendant has been punished for drunk driving, etc., and in particular, the defendant has been bound to obtain a license or sound driving without any delay during the same suspended execution period, and considering the circumstances such as the defendant's blood alcohol concentration at the time of the crime is close to the criteria for revocation of license, the defendant's liability for the crime is not easy and the risk of recidivism is likely to occur, so the defendant has to choose imprisonment with prison labor as it is necessary to seriously warn him