Defendant shall be punished by imprisonment for a term of one year and six 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

On July 30, 2010, the Daegu District Court received a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) and has been punished for the violation of the Road Traffic Act (driving).

Although the Defendant had a history of violating the prohibition of drinking driving under the Road Traffic Act, at around 21:50 on July 19, 2019, the Defendant driven a benz car without obtaining a driver’s license under the influence of alcohol level of about 0.134% on the front road of the 2km-ro 2km-ro, Daegu-gu, Daegu-gu, Do, without having a blood alcohol level of about 0.134% on the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same criminal records as the suspect);

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 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 and lecture attendance order under Article 62-2 of the Criminal Act has many same records of driving under the influence of alcohol, five times without license, etc., and the social interest in eradicating harm caused by drinking driving under the influence of alcohol is concentrated, but the court must select imprisonment with prison labor on the ground that there is a serious risk of re-offending, including the fact that the number of blood alcohol level exceeds the criteria for cancellation of license, and that the degree of blood alcohol level exceeds the criteria for cancellation of license. However, if the defendant who is operating school meal service company is detained, it is likely that there is no previous imprisonment without prison labor or heavier punishment, it might cause serious problems such as securing or maintaining of customers, and raising operating funds.