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 April 7, 2009, the Defendant issued a summary order of KRW 5 million from the Daegu District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on February 4, 2013 to a fine of KRW 500,000 for a violation of the Road Traffic Act (refluence) at the Seog District Court on February 4, 2013, and the Daegu District Court on October 4, 2019 to a fine of KRW 5 million for a violation of the Road Traffic Act (refluence) and violated the prohibition provision.

【Criminal Facts】

On October 27, 2019, at around 07:20, the Defendant driven a D rocketing car under the influence of alcohol content of about 0.159% without obtaining a driver’s license from the section of approximately 1km from the front of the outdoor music theater in the middle of Daegu Seo-gu, Daegu to the front of the same day to the front of the 07:30 on the same day.

Therefore, although the defendant was punished as a drunk driving without obtaining a driver's license, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspects in violation of the Road Traffic Act (driving, driving without a license), notification of the results of the regulation of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant was punished three times by a fine due to drunk driving, etc., but was under influence of drinking while driving at the same time, and that the Defendant was punished by a fine of five million won due to drunk driving on October 4, 2019.