A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 6, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act at the Daegu District Court on September 29, 2009, and was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on July 20, 2012, and was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seobu branch of the Daegu District Court on October 29, 2018.

On April 4, 2020, the Defendant, without obtaining a driver’s license for a motor vehicle around 05:28, driving the F bargaining motor vehicle on the front side of the “C” in the Daegu Suwon-gu, under the influence of alcohol level of 0.115%, at approximately 5km from the 5km section to the front road located in the Daegu Seo-gu, Seogu.

As a result, the Defendant violated the Road Traffic Act that he shall not drive a motor vehicle under the influence of alcohol at least twice, and at the same time, operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Application of each of the Acts and subordinate statutes to one copy of a written inquiry, investigation status (Attachment to the summary order, etc. of the same kind of crime record), and summary order, such as the defendant's legal statement report on the situation of the driver who takes the lead of the defendant's oral statement, and inquiry about the criminal records of the driver's license ledger

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend lectures, even though there are many records of punishment for drinking and non-licensed driving, and the fact that the drinking volume of this case is high is disadvantageous to the defendant