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

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

Punishment of the crime

On May 30, 2014, the Defendant was notified of the summary order of 600 manbs in the Daegu District Court for the violation of the Road Traffic Act (Refusal of measurement).

On December 30, 2019, at around 17:20, the Defendant driven a DNA car with a blood alcohol level of about 0.114% while under the influence of alcohol without obtaining a driving license from around 500 meters to the front road from around 17:20, 17:20.

As a result, the defendant violated Article 44 (1) or (2) of the Road Traffic Act at least twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Each photograph attached to the actual condition survey report;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (verification of suspect's same kind of power);

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 the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act dealing with the settlement of conceptual concurrences;

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

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

1. Although there has been a history of punishment for driving without a license for the reason of sentencing under Article 62-2 of the Probation Criminal Act, in full view of the following: (a) the current Road Traffic Act, which greatly strengthened the regulatory standard and statutory punishment due to the social request to eradicate harmful effects caused by drinking without a license, is enforced; (b) the degree of blood alcohol level exceeds the revocation standards; and (c) the crackdown on vessels in large rural areas, which seems to have driven a high level of low level of rural areas, a person who is obliged to choose imprisonment with prison labor: Provided, That the person who has no history of punishment heavier than imprisonment without prison labor, disposes of the vehicle to prevent recidivism, and the defendant's age and occupation.