A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

In the Daegu District Court on May 18, 2006, the Defendant was sentenced to a suspended sentence of two years due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act, and was sentenced to a suspended sentence of two years. On April 6, 2012, the Daegu District Court issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), and on June 9, 2017, the Daegu District Court received a summary order of KRW 1 million due to a violation of the Road Traffic Act (drinking driving).

Although the Defendant had the history of violating the provision prohibiting driving of alcohol under the Road Traffic Act, the Defendant driven a motor vehicle without obtaining a driver’s license for a motor vehicle under the influence of at least 0.079% alcohol level from the least 4km to the front of the “Csing-gun D’s house located in the Gyeongdong-gun, Gyeongdong-gun,” around December 10, 2020, at around 01:20, the Defendant driven a motor vehicle under the influence of alcohol level of at least 0.079%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is placed in driving, inquiry into the results of crackdown on the driving of alcohol, and report on investigation by the prosecution (precination of alcohol concentration among the suspect's blood);

1. A motor vehicle driver's license ledger and a face-to-face photograph of detection of inquiries about association with the main office;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, prosecutorial investigation report (related criminal records and confirmation of suspect)-related Acts and subordinate statutes;

1. Article 148-2 (1), Article 44 (1) (main driving) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act dealing with common concurrences (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the record of punishment for the reason of sentencing under Article 62-2 of the Criminal Act and the order to observe and attend lectures was four times (including once a suspended sentence), the control standards and statutory punishment were drastically strengthened after the enforcement of the current Road Traffic Act, and the driving of drinking and non-licensed driving on June 6, 2017.