A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

[criminal power] On November 15, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Daegu District Court Port Support on the same day. On April 2, 2012, the same court issued a summary order of KRW 3 million for the same crime. On October 15, 2013, the same court issued a summary order of KRW 5 million for the same crime. On October 15, 2013, the Defendant was sentenced to a probation order of KRW 5 million for the same crime. On August 17, 2017, the same court was sentenced to a suspended sentence of KRW 6 months for the same crime.

【Criminal Facts】

At around 03:05 on July 11, 2020, the Defendant driven a Fchier car under the influence of alcohol level of 0.162% without obtaining a driver's license from around 20 meters in the area of approximately 20 meters in front of the E cafeteria located in the same Gu, Nam-gu, Nam-gu.

As a result, the Defendant violated the prohibition of driving at least twice under the influence of alcohol, and at the same time, operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, report on the situation of a drinking driver, report on the status of a drinking-driving, notification on the control of a drinking-driving, and inquiry into the results of the control of a drinking-driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a sentence of alternative imprisonment (the highest blood alcohol concentration, the defendant has been punished for drunk driving and unlicensed driving six times, and the driving history without a license is two times among them, and there has already been a history of being punished for suspended sentence due to drunk driving, etc.);

1. The suspended execution reflects the error of Article 62(1) of the Criminal Act, and the driving of this case is a traffic accident.