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

On April 27, 2018, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Seo-gu District Court’s Branch Branch on April 27, 2018.

【Criminal Facts】

On February 14, 2020, at around 22:32, the Defendant driven a Dpoter II truck with approximately 10 meters of alcohol level 0.138% while under the influence of alcohol level 0.138%, without obtaining a driver’s license, on the front road of the Cpool in Daegu Seo-gu B.

As a result, the defendant violated the prohibition of drunk driving under the Road Traffic Act more than twice, and simultaneously drives without a license.

around 13:20 on July 7, 2020, the Defendant driven D Poter II truck without obtaining a driving license from around 200 meters from the front of the F factory in Daegu-gun E to the front of the H factory in G to the front of the H factory in G.

Summary of Evidence

[200 Highest 764]

1. Defendant's legal statement;

1. Report on the occurrence of the case, report on the results of the drinking driving control, report on the situation of drinking drivers, and inquiry into the results of the drinking driving control;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the history of punishment for the same kind of crime), and copies of summary order "20 Goand 2570";

1. Defendant's legal statement;

1. Application of the Road Traffic Act, reporting on detection of drivers violating the Road Traffic Act, and the Acts and subordinate statutes concerning driver's license;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has a record of having been punished several times for the same crime.