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

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

Criminal facts

【Criminal Power】 On June 18, 2007, the Defendant was sentenced to a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on the same day, and a fine of KRW 1.5 million for the same crime in the same court on January 15, 2010, and a fine of KRW 4 million for the same crime in the same court on February 1, 2010, respectively.

【Criminal Administration” around 01:40 on June 13, 2020, the Defendant driven a DNA rocketing car under the influence of alcohol content of 0.116% without a vehicle driver’s license from the 1km section from the front line in the trade incompetence in the north-gu, Seosan-dong to the front line in the same Gu C-B.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a violation of the Road Traffic Act (driving, driving without a license), notification of the results of the control of drinking driving, report on the state of drinking drivers, and driver's license register;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (verification of the same type of suspect records, etc.);

1. Relevant statutory driving for a crime: Article 148-2 (1) or 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

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, community service, and lecture attendance order of Article 62-2 of the Criminal Code are high in blood alcohol concentration for the reason of sentencing, and in particular, it is the fifth drinking driving if it is combined to drinking in 202, and the third third driving is also made in 2010, and the other punishment power and reflect, etc. are considered.