A defendant shall be punished by imprisonment for one year.

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

In the Daegu District Court on August 31, 2017, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act on August 31, 2017, and was notified of a summary order of three million won for the same crime on August 16, 2019.

On June 16, 2020, at around 01:35, the Defendant driven a e-manufactured car under the influence of alcohol concentration of about 0.034% without obtaining a driving license from a section of about 200 meters at the entrance of “D” located in the same Gu C from the Do of Daegu Suwon-gu B.

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

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. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (report on confirmation of the same kind of suspect records);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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 are two times the history of punishment for driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Probation Criminal Act, since the control standard and statutory punishment have been greatly strengthened after the enforcement of the current Road Traffic Act, it cannot be deemed that the crime liability cannot be light and the risk of recidivism is likely to occur, a sentence should be selected by taking into account the fact that the blood alcohol concentration level exceeds the control standard, the fact that there was no history of punishment heavier than imprisonment without prison labor, the defendant's age, family relationship, and economic circumstances, etc., and then the sentence is mitigated.