A defendant shall be punished by imprisonment for a term of one year and three 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

[criminal power] On January 27, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch Branch of the Daegu District Court, and KRW 3 million as a fine at the Daegu District Court on January 26, 2018, respectively.

【Criminal Facts】

On March 22, 2020, at around 01:54, the Defendant driven CM5 cars while under the influence of alcohol alcohol concentration of about 0.072% without obtaining a driver's license from the section of about 3 km from the commercial convenience store near Daegu Northern-gu B to the Eastwest-gu change in the same Gu.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, notification on the results of the regulation of drinking driving, the driver's license ledger, and disqualification from licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (the same criminal records and reports)-related Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend lectures;

1. The sentencing criteria are not set for the crimes of this case to which the sentencing criteria are applied.

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

Disadvantageous circumstances: The defendant shall be punished three times due to drinking.