A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On January 15, 2013, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on January 15, 2013. On July 22, 2020, the Defendant was sentenced to a suspended sentence of KRW 1 year and February, 202, and the judgment became final and conclusive on July 30, 2020.

【Criminal Facts】

On May 24, 2020, at around 00:20, the Defendant driven an Ebea cruise car under the influence of alcohol leveling 0.184% without obtaining a driver's license from the section of approximately 300 meters from the 1st to the D's front road in C.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Previous records on the Defendant’s legal statement, state of his state of his driving, and his previous records on the judgment of his driving license register following the control of drinking driving: Criminal records, inquiry records, investigation reports (verification of criminal records of the same kind), case search, and application of statutes of the judgment;

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 the facts constituting an offense;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes punishable by selective imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the suspended sentence shall be determined by taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the argument of this case.

Unfavorable circumstances: The defendant had a record of being punished for drunk driving, and even though he was tried due to drunk driving at the time of committing the crime, he again made a drinking and a non-licensed driving.

The blood alcohol concentration level is high.

The favorable circumstances: