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 January 2, 2009, at the Daegu District Court, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act, and KRW 1.5 million for the same crime at the same court on September 17, 2009, respectively. On April 12, 2011, the Defendant was sentenced to a suspended sentence of six months for the same crime at the same court on April 12, 201, and was issued a summary order of KRW 5 million for the same crime at the same court on February 18, 201.

【Criminal Facts】

On May 5, 2020, at around 06:28, the Defendant driven a DNA car with approximately 10 meters alcohol concentration of about 0.10% while under the influence of alcohol without obtaining a driver's license from the front of Daegu Dong-gu B to the front of C, the Defendant driven a DNA car with approximately 0.10% alcohol level.

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 circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, inquiry into the register of driver's licenses, and inquiry into the disqualification of the National Police Agency;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (report on confirmation of the same kind of suspect records)-related Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, order to attend lectures or community service;

1. The sentencing criteria are not set for the crimes of this case to which the sentencing criteria are applied.

2. Records and records below the sentence, such as the defendant's age, occupation, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc.