A defendant shall be punished by imprisonment for one year.

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 February 22, 2012, the Defendant issued a fine of three million won for a crime of violation of the Road Traffic Act at the Gwangju District Court on February 22, 2012, and on July 17, 2019, the Defendant was issued a fine of three million won for the same crime in the wooden Branch of the Gwangju District Court.

Criminal facts

On August 2, 2020, the Defendant, without obtaining a driver’s license on August 2, 2020, driven an Eenz E300 vehicle from approximately 2 km to Dh class road in the same city as the blood alcohol concentration of 0.10% under the influence of alcohol at a 0.10%.

Accordingly, the defendant violated the Article 44 (1) of the Road Traffic Act not less than twice and not more than once a driver's license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Selection of an alternative imprisonment with prison labor under Articles 40 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. Probation under Article 62-2 of the Criminal Act;