Defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

[criminal power] On November 22, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in Daegu District Court racing support; on October 2, 2008, the summary order of KRW 3 million for a crime of violation of the Road Traffic Act; on October 19, 2010, the same court issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act; and on June 23, 2016, the same court was sentenced to a suspended sentence of one year for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 12, 2020, at around 22:35, the Defendant driven a DNA car without obtaining a driver's license in the state of alcohol concentration of approximately 0.198% from approximately 10 meters to the front road of the race city, from the front day of the racing city to the front day of the racing city.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Report on the occurrence of a traffic accident by Defendant’s statutory statement, report on the actual condition, report on the on-site photographic driver’s oral statement, and notification of the control results of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (not less than twice in case of driving under the influence of alcohol and choice of imprisonment);

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Consideration of favorable sentencing factors among “the grounds for two sentences” below)

1. An order to attend a lecture or to provide community service order under Article 62-2 of the Criminal Act shall be subject to criticism, taking into account the defendant's occupation (operation of heavy equipment) and punishment records, etc., but the depth and radius of driving in drinking conditions is short, health conditions, environment, etc. shall be determined as the same as the order;