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

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

Punishment of the crime

In the Daegu District Court on October 28, 2016, the Defendant received a summary order of KRW 3.5 million from the Daegu District Court on the charges of violating the Road Traffic Act on October 28, 2016, and the summary order of KRW 12 million from the charges of violating the Road Traffic Act on May 1, 2020.

On July 11, 2020, at around 20:15, the Defendant driven E-Rad Cargo Vehicles with approximately 2km alcohol concentration 0.29% under the influence of alcohol without obtaining a driver's license in the section of about 2km from the Do in front of the Do in Daegu Northern-gu B to the front of D elementary school located in Daegu-gu C.

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. 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 and disqualified meetings of the main office;

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

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 the facts constituting an offense;

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

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

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

1. Although there are two occasions the records of punishment for the reason of sentencing under Article 62-2 of the Criminal Act, in full view of the fact that the control standards and the statutory punishment have been greatly strengthened after the enforcement of the current Road Traffic Act, and the fact that the blood alcohol concentration level is very high to almost a death level, the punishment for the crime is not easy, and the punishment for the crime is very high, and the risk of recidivism is very very very rough and highly likely to be high in light of the prevention of recidivism, and thus the imprisonment without prison labor or heavier punishment is to be chosen: Provided, That the punishment records of imprisonment without prison labor or heavier are required.