A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[criminal power] On January 6, 2012, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on August 19, 2015, a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on August 19, 2015, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Youngwon District Court on December 20, 2017, respectively.

【Criminal Facts】

On November 26, 2019, at around 04:48, the Defendant driven a D-to-purd vehicle with blood alcohol concentration of 0.091% under the influence of alcohol without obtaining a driver's license from the Daegu Dong-gu B apartment parking lot to Daegu Dong-gu C, about 100 meters.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records, etc., inquiry reports, investigation reports (Attachment of crimes similar to the same type of crime), and application of respective statutes of the judgment;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of a sentence of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Probation Criminal Act include the Defendant’s age, character and conduct, environment, and criminal records (at least several times, there is no record of criminal punishment exceeding a fine), the motive and background of the offense, the concentration of blood alcohol at the time of driving, the distance of drunk driving, and the circumstances after the crime (the occurrence of a traffic accident as a result of a drunk driving) and other factors of sentencing as shown in the trial of this case.