A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[Criminal Power] On July 8, 2008, the Defendant was issued a summary order of KRW 5 million by the Daegu District Court on the grounds of the violation of the Road Traffic Act (LA).

【Criminal Facts】

On May 6, 2020, at around 18:20, the Defendant driven a DNA-type car with a blood alcohol content of 0.113% under the influence of alcohol while under the influence of alcohol, without obtaining a driving license from around 200 meters from around 18:30 on the same day to around 30, 18:30 on the same day.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol not less than twice, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Report on the defendant's legal statement, state of his state of his driving, inquiry into the results of the crackdown on drinking driving, notification on the results of the crackdown on drinking driving, the vehicle driver's license register, and the vehicle inquiry;

1. Previous convictions indicated in judgment: Criminal records and investigation reports (Binding of summary orders for sound driving and copies of summary orders) shall be applied by 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. Selection of a sentence of imprisonment with prison labor chosen for an ordinary concurrent crime under Articles 40 and 50 of the Criminal Act (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment)

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

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

1. On September 25, 2018, the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that a citizen was placed in a brain-dead state and that a case was eventually caused by the loss of his/her life.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the law is applicable to drivers such as motor vehicles.