A defendant shall be punished by imprisonment for not less than one year and six months.

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 March 28, 2013, at the Daegu District Court, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Daegu District Court on May 12, 2017.

【Criminal Facts】

Although the Defendant had been in violation of the provision prohibiting drunk driving under the Road Traffic Act more than once, on December 2, 2019, at around 04:17, the Defendant driven CBa car not covered by the mandatory insurance without obtaining a driver’s license in the section of about 10km from the 222 merchant Station 3rd, Seogu-gu, Daegu to the front road of the 222 merchant Station, from the 10km section to the front road of the 222 merchant Station.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 152 subparagraph 1 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 Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The crime of this case is committed by the defendant, who has had been punished several times due to drinking driving, driving a vehicle not covered by mandatory insurance in the condition of drinking or unauthorized license, under the circumstances in which the quality of the crime is poor: The defendant's age, character and conduct, and behavior are led to confession and reflect.