A defendant shall be punished by imprisonment for a term of one year and two 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

[Criminal Power] On February 9, 2018, the Defendant was issued a summary order of KRW 5 million by the Daegu District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 2, 2020, at around 01:07, the Defendant driven a D-burged vehicle under the influence of alcohol concentration of about 0.179% without obtaining a driver's license from the section of about 3 km in front of a mutually unfured drinking house (hereinafter referred to as the "U.S.") to the CU.S. room in the same city.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses;

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

1. Relevant provisions of Article 148-2 (1), and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license" in this Article), subparagraph 1 of Article 152, 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 Competition;

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. The reasons for sentencing under Article 62-2 of the Criminal Act, including the following circumstances and the Defendant’s age, character and conduct, environment, motive and means of committing the crime, the circumstances after committing the crime, etc., and the conditions of various sentencing as shown in the argument of this case, shall be determined as ordered by taking into account the following circumstances.

Unfavorable circumstances: Although there has been a history of punishment for drunk driving, the drinking driving has been repeated and the driver has been driving without a license.

The blood alcohol concentration level is high.

did not cooperate in the enforcement process.

The favorable circumstances: The crime is recognized.

There shall be no history of punishment of imprisonment without prison labor or heavier.