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

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

Punishment of the crime

[Criminal Power] On July 6, 2011, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-gu branch of the Daegu District Court. On March 26, 2018, the Defendant was issued a summary order of KRW 3 million for the same crime in the resident support of the Daegu District Court.

【Criminal Facts】

On August 11, 2020, the Defendant, without a driver’s license, driven a E-Poter cargo vehicle in the state of alcohol 0.047% of the blood alcohol concentration from the front road of “C” located in “C” in “C” in “C” at the time of residence on August 20, 2020 to the front road of the same city.

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 at the same time, he/she was driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

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

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of suspect A-like records);

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 on probation and community service order is that the defendant is punished by a fine in 2004 due to drinking or non-licensed driving, the refusal of measurement of drinking and drinking, the suspension of the execution of imprisonment due to driving without a license in 2006, the suspension of the execution of drinking or non-licensed driving in 201, and the suspension of the execution of imprisonment.

In 2018, the defendant was placed in a prior place, but re-driving again in 2018, and even in this case, he was punished by a fine.

Nevertheless, the Defendant.