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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On November 12, 2012, the Defendant was issued a summary order of KRW 700,000 by a fine for a violation of the Road Traffic Act at the Daegu District Court on November 12, 2012, and on May 23, 2013, the Defendant was sentenced to imprisonment for one year and two years of suspension of execution for a violation of the Road Traffic Act (recognition refusal of measurement) at the Changwon District Court’s smuggling Branch on May 23, 2013, and was issued a summary order of KRW 1.5 million by the Daegu District Court on June 15, 2018.

[Criminal facts] On September 3, 2019, at around 23:05, the Defendant driven a car in Ftech without obtaining a driver’s license in the 2km section from the front of the road located in R of the racing-si to the e-mail located in D of the racing-si, with a blood alcohol concentration of about 0.147%.

As a result, the defendant, who was a person with the power of violating the Road Traffic Act's prohibition of drinking driving, was driving the vehicle without obtaining a driver's license in the state of drinking in violation of the above prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of drinking driving;

1. License register and next inquiry;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the 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 facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment: Articles 10 (2) and 55 (1) 3 of the Criminal Act that choose the punishment of imprisonment;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant with the same criminal records several times, and the fact that the blood alcohol content was considerably high at the time of the instant crime is considered disadvantageous to the defendant.

However, the defendant seems to be in depth to reflect on the crime.