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

Punishment of the crime

[criminal power] On July 22, 2014, the Defendant was issued a summary order of a fine of three million won due to a violation of the Road Traffic Act (not in the after-accident) or a violation of the Road Traffic Act (driving) at the Seog Branch of the Daegu District Court on July 22, 2014, and on May 14, 2019, the same court was sentenced to two years of suspension of execution on October due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) or a violation of the Road Traffic Act, and was sentenced to two years of suspension of execution on May 22,

【Criminal Facts】

On October 15, 2019, at around 04:35, the Defendant driven a Csti-type car under the influence of alcohol leveling 0.090% without obtaining a driver’s license from around 113 km in front of the Central Highway, which is located in the Dongu-gu, Daegu-si, Seoul-si., the Defendant driven a Csti-type car with a alcohol leveling to 0.090% under the influence of alcohol leveling from around 113 km.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal records, investigation reports, and copies of written judgments;

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 imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant recognized the instant crime; and (b) the Defendant is in a position to support not only his/her spouse and children but also the parents suffering from brain disease; and (c) are favorable to the Defendant.

However, the defendant has already been punished for the same kind of crime such as drinking driving, and the defendant further violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) in the Seoggu District Court on May 14, 2019.