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

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 September 30, 2013, the Defendant received a summary order of KRW 5 million from the Daegu District Court Kimcheon Branch to a fine of KRW 5 million due to a violation of the Road Traffic Act, etc., and a summary order of KRW 5 million from the Daegu District Court Kimcheon Branch on August 13, 2018 to a fine of KRW 5 million due to a violation of the Road Traffic Act.

On July 5, 2019, at around 21:00, the Defendant driven BK-type without obtaining a driver’s license under the influence of alcohol level of about 0.080% in the front of the sub-section 169, from the Do in front of the address poor in the Jinyeong-dong, Jingu, Singu, Singu, Seog-do to the front of the sub-section 169.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving again and driving without a license.

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;

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

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. Probation and lecture attendance order Article 62-2 of the Criminal Act has two times the reason for sentencing, and the social interest in eradicating harm caused by drinking driving under the influence of the society is concentrated, but the liability for the crime is unlikely to repeat the crime, and the risk of recidivism is likely to occur. However, the punishment shall be mitigated by taking into account the following factors: (a) the blood alcohol concentration level falls short of the criteria for revocation of license; (b) the Defendant’s age and economic condition, etc.