A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal power] On July 25, 2019, the Defendant was sentenced to a suspended sentence of two years on August 2, 2019 to imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do branch of the Daegu District Court on July 25, 2019, and the judgment became final and conclusive on August 2, 2019, and was sentenced to a fine of five million won for the same crime from the same support on January 17, 2019.

【Criminal Facts】

On September 30, 2019, at around 17:57, the Defendant driven a motor vehicle of e-paturgn with alcohol level 0.132% while under the influence of alcohol level 0.132% without obtaining a driver’s license in the section of about 1km from around the Gu-si Building to the front of the D middle school located in the Gu-Si in the Gu-U.S. City.

Accordingly, the Defendant violated the duty of prohibition on 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 situation of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, the register of driver's licenses, inquiry into the grounds for disqualification of the main office, and disposition for the cancellation of driver

1. Previous records before ruling: Application of criminal records, probationary records, investigation reports, and statutes during the period of suspension of execution;

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. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. Scope of applicable sentences under law: Two to five years of imprisonment;

2. Application of the sentencing criteria: Not set;

3. The decision-making defendant acknowledges all of the crimes.

However, considering the fact that the defendant was punished several times for the same kind of crime in a short term and, in particular, even if he was sentenced to a suspended sentence on July 2019, he/she again commits a crime at the time of the second month of the high term and that there seems to be no urgent circumstances that the defendant should have driven, it is necessary to punish the defendant strictly.

In addition to the above various circumstances, the defendant.