A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On December 8, 2006, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act in Daegu District Court and racing support. On October 2, 2013, the Defendant was issued a summary order of KRW 4 million with the same crime, etc. at the Daegu District Court.

[2] Nevertheless, on May 29, 2020, the Defendant driven an E rocketing car under the influence of alcohol content of 0.102% in blood without obtaining a driver's license, from C Middle School located in P, on May 29, 2020 to D neighboring roads.

Accordingly, the Defendant transferred the said car without obtaining a driver's license, and at the same time violated the prohibition of drinking driving under the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's legal statement, the driver's license register, the driver's circumstantial statement report attached to the driver's license violation of the Road Traffic Act (drinking, drinking without a license), investigation report (drawing driver's report), and notification of the result of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (limited to the previous convictions);

1. Articles 148-2(1) and 44(1)(2)1 and 43 of the former Road Traffic Act (amended by Act No. 13731, Jun. 9, 2020) on criminal facts

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act on the grounds for sentencing)

1. In light of the risk of driving alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, and the fact that a person repeats a crime even though he/she had the record of punishment for the same kind of offense, it is not good to consider the

However, it appears that the defendant has an attitude to reflect, takes into account the factors of sentencing favorable to the fact that the driving distance has not driven, and otherwise commits the defendant's age, gender.