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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 13, 2008, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court of Seoul to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (driving). On August 8, 2012, the summary order of KRW 4,00,000 due to a violation of the Road Traffic Act (driving) was issued in the Suwon District Court of Korea, and on December 8, 2017, the summary order of KRW 7,00,000 was issued for a fine of KRW 1,00 as a crime of violation of the Road Traffic Act (driving).

At around 02:00 on June 16, 2020, the Defendant driven a DNA car with approximately 1m of blood alcohol concentration 0.2% while under the influence of alcohol without obtaining a driving license for a section of approximately 1m of front road C in Gwangju-si B.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and simultaneously drive a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and report on the inspection of the register of driver's licenses notified as a result of the control of drinking driving (report on the circumstantial situations of a

1. A previous conviction in judgment: An inquiry report, an investigation report, and application of Acts and subordinate statutes of each summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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 on the suspension of execution (Article 62 (1) of the same Act is highly likely to be subject to criticism in that it is repeated: Provided, That the distance of drinking driving is shorter and there is no power to punish more than a fine, etc

1. An order to provide community service and to attend a compliance lecture under Article 62-2 of the Criminal Act;