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

[Criminal Power] On May 2, 2019, the Defendant was issued a summary order of a fine of three million won by the Gwangju District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. At around 15:30 on May 20, 2020, the Defendant driven a etetra motor vehicle under the influence of alcohol level of 0.0306% without obtaining a driver’s license from the front of the construction site of Gwangju Mine to the front road located in Gwangju Mine-gu C, and without obtaining a driver’s license from around 300 meters from the road of the construction site of Gwangju Mine-gu to the front road in Gwangju Mine-gu.

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

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, operated the Eart car not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Records of seizure of the F’s legal statement, records of seizure of the F, registers of driver’s licenses by blood alcohol and alcohol, reports on the occurrence of traffic accidents at each mandatory insurance policy, actual condition investigation records, circumstantial statements of the drinking driver, reports on detection of respective drinking drivers, reports on the completion of correction, notices on completion of collection, consent to collection of blood, and investigative reports on confirmation certificates (related to the application of the Fmark formula); and

1. Previous convictions in judgment: Inquiry into records of crimes and investigation experience of foreigners, and application of Acts and subordinate statutes to confirm criminal investigations (prior convictions in the same offense);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 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;