The imprisonment with prison labor for the accused shall be determined by one year and four months.

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

Punishment of the crime

[Criminal Power] On April 29, 2014, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in Daegu District Court racing support. On May 10, 2018, the Defendant was sentenced to a suspended sentence of two years for one year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and a crime of violation of the Road Traffic Act (Dangerous Driving).

【Criminal Facts】

On February 23, 2019, the Defendant, without obtaining a driver's license on around 23:54, driven a E B-V car from the road near Cju stores located in B at Port in B at Port at port to D national highways, while under the influence of alcohol at 0.241% of alcohol level, without obtaining a driver's license.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous convictions: Criminal records, written judgments and application of each summary order 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In light of the fact that the probation and the lecture attendance order was punished for drunk driving, etc. as stated in the first head of the judgment on the grounds of sentencing in Article 62-2 of the Criminal Act, and was punished for a period of probation, such as drunk driving, etc., the record of punishing five times a fine due to drunk driving orless driving, and the fact that the blood alcohol concentration level is high, it is reasonable to hold the defendant liable for a severe responsibility.

However, there is a traffic accident due to the driving of this case that the defendant does not commit a second offense.