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 April 18, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

The defendant is a driver of B Launa car.

On August 1, 2019, around 06:48, the Defendant driven the said vehicle without a driver’s license, while under the influence of alcohol level of about 0.098% from the front road located in the Northern-gu C in the port of port to the neighboring road of the same Gu.

Accordingly, the Defendant driven without a driver's license, and violated Article 44 (1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

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

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 (the choice of imprisonment with prison labor, the degree of blood alcohol concentration, the probation two times due to drunk driving prior to the instant case, and the fact that there has been records of being punished twice as a fine);

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 on the suspension of execution (in addition to the grounds for discretionary mitigation, taking into account that there exists no past record of punishment sentenced to imprisonment or heavier punishment);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;