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 October 19, 2007, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Seo-gu District Court’s Seo-Support on October 19, 2007; on October 29, 2007, the same court issued a summary order of KRW 1,50,000 as a fine for the same crime; on August 14, 2012, the summary order of KRW 5 million as a fine for the same crime at the Daegu District Court’s Seo-Support; on June 5, 2017, the summary order of KRW 7,00,000 was issued for the same crime.

On October 13, 2019, at around 22:00, the Defendant driven D Lasta car without obtaining a driver’s license in the state of alcohol alcohol concentration of about 2 km from around the road near the Hanwon-dong, Daegu Nowon-gu, Nowon-gu to the front of the Cridge in the same Gu, and without obtaining a driver’s license.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to report on investigation (verification of suspect's same records);

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 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. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship

- 5 times the history of punishment for the violation of the Road Traffic Act (driving), - the recognition and reflect of the commission of the crime, and again the refusal of drinking and driving without a license.