The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On January 20, 2016, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the port branch of the Daegu District Court, and on December 18, 2018, the Defendant was issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (driving) in the Yeongdeungpo Branch of the Daegu District Court.

【Criminal Facts】

The Defendant is a string driver who is a string driver B.

On June 4, 2020, the Defendant driven the said vehicle under the influence of alcohol concentration of 0.177%, without a driver’s license, from the front road located in the Northern-gu C at Port on June 4, 2020 to the same Gu E and the front road.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and simultaneously driven without a driver's license.

Summary of Evidence

1. A written investigation into the actual state of the defendant's oral statement;

1. Notification of the control results of drinking driving, circumstantial reports on drinking drivers, and the register of driver's licenses;

1. Each photograph;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal 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 (the choice of imprisonment with prison labor, the blood alcohol concentration level, the records of fines sentenced four times due to drunk driving prior to the instant case, and the occurrence of traffic accidents due to the instant driving);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution (the grounds for discretionary mitigation shall be repeatedly considered);

1. Order to attend lectures under Article 62-2 of the Criminal Act;