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 of the final judgment.

Punishment of the crime

[Criminal Power] On August 28, 2017, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

On March 1, 2020, at around 09:09, the Defendant driven BK-5 cars under the influence of alcohol level of about 0.114% without obtaining a driver's license in approximately 50 kilometers from the Dopher of the Kumi bus terminal in front of the Kumi-si, Sinpo-si to the front road of the levik-Eup in the levib-Eup at the time of stay.

As a result, the Defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice, and operated a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of violation of the provisions prohibiting driving under the influence of alcohol not less than twice), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of violation without a license

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures has the record of being punished for drinking under the influence of alcohol in 2017, and the Defendant also driven under the influence of alcohol without a driver’s license, and the blood alcohol concentration also exceeds 0.114%.

In this respect, the criminal liability of the defendant is not less weak.

However, considering the fact that the previous criminal records of the defendant committed a fine, the punishment shall be imposed by comprehensively taking into account the following factors: the defendant's age and behavior environment; the motive means of the crime; and the circumstances after the crime.