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

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

Punishment of the crime

On December 13, 2019, the Defendant received a summary order of KRW 10 million from the Daegu District Court as a crime of violating the Road Traffic Act.

On December 21, 2019, at around 00:03, the Defendant driven a Ftoscar car under the influence of alcohol 0.148% alcohol concentration, without obtaining a driver’s license, from the front of the restaurant near Daegu-gu B to the front of the “E” located in the 3km North-gu, Daegu-gu.

As a result, the defendant driving a motor vehicle without obtaining a driver's license and violated the prohibition of drinking at the same time not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to prosecution investigation reports (suspect's records of drinking driving);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act dealing with the settlement of conceptual concurrences;

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

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

1. Although there are three times the history of punishment for drunk driving for the reason of sentencing under Article 62-2 of the Criminal Act, in full view of the fact that the current Road Traffic Act, which has greatly strengthened the regulatory standard and statutory punishment for eradicating harmful effects of drunk driving, the level of blood alcohol level exceeds the criteria for revocation of license, the degree of recidivism level exceeds the criteria for revocation of license, and the fact that it is a second offense of only one month after the revocation of driver's license, the punishment for the crime is unlikely to be less severe and the risk of recidivism is likely to be dangerous, so a choice of imprisonment shall be made by requiring a strict warning: Provided, That the vehicle has yet been disposed of to avoid recidivism and has no record of punishment more than imprisonment without prison labor.