The punishment of the accused shall be determined by a year of imprisonment.

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

Punishment of the crime

[Criminal Power] On July 5, 2019, the Defendant was issued a summary order of KRW 5 million due to the crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

On April 29, 2020, the Defendant driven a D-wing truck without obtaining a driver's license in the state of alcohol concentration of about 0.097% from the front of the residence of the land located in Nam-gu, Nam-gu, Nam-si B at port to the front of the same Gu C from about 500 meters to the front of the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

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 an alternative imprisonment with labor (in light of the degree of blood alcohol concentration and the degree of recidivism within the short term);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, consideration shall be given to the fact that there exists no record of punishment for a sentence of imprisonment with prison labor imposed upon him/her);

1. Order to attend lectures under Article 62-2 of the Criminal Act;