Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

At Daegu District Court, the Defendant received a summary order of KRW 1 million on March 23, 2018 from each of the charges of violation of the Road Traffic Act, and the summary order of KRW 10 million on June 19, 2020 from each of the charges of violation of the Road Traffic Act.

On June 16, 2020, at around 13:07, the Defendant driven an E 7 vehicle while under the influence of alcohol with about 0.094% alcohol concentration without obtaining a driver's license in the section of about 100 meters from the Do near Daegu Northern apartment to the front road D in C.

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 disqualified meetings and driver's licenses of the main office;

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

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 occasions the records of punishment for the reasons of sentencing under Article 62-2 of the Criminal Act, in full view of the fact that the control standard and statutory punishment were repeated after the implementation of the current Road Traffic Act, which greatly strengthened the control standard and statutory punishment, the blood alcohol level exceeds the license cancellation standard, and the fact that the blood alcohol level is likely to obstruct the highest level of crackdown, the punishment for the crime is unlikely to be weak and the risk of recidivism is likely to be dangerous, so a sentence of imprisonment shall be selected by requiring a severe warning: Provided, That there is no punishment for the traffic offender, such as drinking driving, etc., with imprisonment without prison labor or heavier.