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

【Criminal Power】 On March 7, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in Daegu District Court racing support, and on June 20, 2016, a summary order of KRW 5 million for the same crime from the same support to the same crime, and on April 4, 2019, the said judgment became final and conclusive on April 12, 2019 by having been sentenced to a suspension of execution for six months for the same crime.

【Criminal Facts】 On March 27, 2019, at around 09:59 on March 27, 2019, the Defendant driven an E body-man vehicle without obtaining a driver’s license with a blood alcohol concentration of about 0.052% in the section of about 1km from the 1km market to the front road in D.C.

As a result, the defendant violated the Road Traffic Act's prohibition regulations on drinking driving more than twice, and again drives a vehicle without obtaining a driver's license under the influence of alcohol in violation of the above prohibition regulations on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the regulation on drinking driving, response to requests for appraisal, and report on the detection of drinking drivers;

1. License register;

1. Previous records of judgment: Criminal records, inquiry reports, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of penalty: Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is not good in that the defendant, who is under criminal trial due to drunk driving, once his/her license is revoked, is driving again under the influence of alcohol.

However, the defendant is against the crime.