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

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 3, 2015, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Gwangju District Court's net support.

On December 31, 2019, at around 22:25, the Defendant driven a Fpoter II truck under the influence of alcohol content 0.107% without obtaining a driver’s license from the front of the shooting distance of the C Pharmacy located in the Nannam-gun, Bosung-gun, D apartment E-dong, Seoul, to the front road of the D apartment E-dong commercial building, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) (actual survey report);

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports (former records and attachment of judgment), such as criminal records, etc.;

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. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act if it is disadvantageous or unfavorable; Article 62 (1) of the same Act; Article 62 (1)

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;