A defendant shall be punished by imprisonment for not less than eight 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 May 10, 2016, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and received a summary order of KRW 4 million for the same crime from the same support on February 28, 2017.

【Criminal Facts】

On March 24, 2019, the Defendant, at around 00:00, driven a car without obtaining a driving license with a blood alcohol concentration of 0.083%, in a section of approximately 1 km near the C Hospital located in the Gumi-si B without obtaining a driving license.

As a result, the defendant violated the prohibition of drinking driving at least twice, driving a motor vehicle under the influence of alcohol in violation of the above provision, and simultaneously driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on confirmation of the same criminal records) and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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. In full view of the criminal records of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, alcohol concentration in the blood of this case, the age, character and conduct, environment, motive, means and consequence of the crime, etc. of the defendant, and all the conditions of sentencing as shown in the pleadings of this case, such as the circumstances after the crime, the punishment as ordered shall be determined.