A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 29, 2011, the Defendant: (a) at the Daegu District Court issued a summary order of KRW 2 million for a violation of the Road Traffic Act; (b) on April 27, 201, the same court issued a summary order of KRW 5 million for a fine due to the same crime; and (c) on August 31, 2018, the Defendant driven under the influence of alcohol at least twice after having issued a summary order of KRW 5 million for the same crime in the same court.

On January 5, 2019, at around 16:38, the Defendant driven a Daco-type car under the influence of alcohol concentration of 0.093% without obtaining a driver’s license from the front side of the Daegu Suwon-gu B apartment bus platform to the front side of the same Gu C, and without obtaining a driver’s license from around 500 meters.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A traffic accident report, actual condition investigation report;

1. Registers of driver's licenses;

1. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. To apply the investigation report (verification of the same record as a suspect), a copy of the summary order under Part IV Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, including the fact that the defendant recognizes the crime and reflects the fact that the defendant does not drive drinking again, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined by taking into account the following factors: