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

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

On November 21, 2015, the Defendant issued a summary order of KRW 1 million at the Daegu District Court Kimcheon Branch on the grounds of the violation of the Road Traffic Act (driving).

Nevertheless, on March 16, 2020, the Defendant was under the influence of alcohol of 0.110% in blood alcohol concentration around 00:05, and the Defendant driven the E-5 car with 100 meters in quantity E at the front of Suwon-si, Suwon-si, in C Park located in Suwon-si B.

Accordingly, the defendant violated the prohibition clause of drinking driving more than twice.

On May 20, 2020, the Defendant driven a 3.2km EK5 car at the front of the area of Suwon-si, Suwon-si, without obtaining a driver's license, at around 10:40 on May 20, 202.

Summary of Evidence

"200 Highest 2125"

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions as indicated in judgment: Criminal records, investigation reports (Attachment to a summary order, etc. of the same kind of case), Daegu District Court Decision 2016 high-level 3761 (Seoul District Court Decision 2020 high-level 4314);

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 Code of the community service order was that the Defendant re-driving a motor vehicle despite his previous conviction.

Furthermore, even though it is still under trial due to the drinking driving case, it has not been aware of it, and it has been under trial without the license.

In addition to the previous conviction, the defendant has a large number of criminal records such as driving without a license.

However, the defendant is recognized to commit the crime and is against the law.