The punishment of the accused shall be determined by a year of imprisonment.

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 June 2, 2008, the defendant was issued a summary order of KRW 2.5 million in the Daegu District Court's Ponding Port on the grounds of the violation of the Road Traffic Act (driving). On October 1, 2008, the same court issued a summary order of KRW 2.5 million in the same court on December 1, 2008 due to the crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

Around 14:55 on June 16, 2020, the Defendant, without a driver’s license, driven a vehicle with C Laststring at approximately approximately 200 meters from the front of the construction site of the construction site of Posi-gu, B, and the front road of the same Gu, while under the influence of alcohol by 0.291% of alcohol level.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously driven a motor vehicle without a driver's license.

Summary of Evidence

1. A written investigation into the actual state of the defendant's oral statement;

1. Report on the results of crackdown on driving under influence of alcohol, report on the circumstance of a drinking driver, and a written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. Each photograph;

1. Previous records: Application of criminal records and investigation reports (Attachment to attached records of the same kind of crime);

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 (the choice of imprisonment with prison labor; the blood alcohol concentration level before the instant case; one time of suspended sentence due to drunk driving and unlicensed driving; five times of fines; and the driving of the instant case causes traffic accidents);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 20

1. In addition to the reasons for discretionary mitigation under Article 62(1) of the Criminal Act, there is no history of punishment as a sentence of imprisonment with prison labor, and it is above the suspended sentence for the same crime since 200.