A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On January 31, 2020, the Defendant was sentenced to the suspension of the execution of six months of imprisonment with labor for the crime of interference with business, etc. at the wooden Branch of the Gwangju District Court on February 8, 2020, and the judgment became final and conclusive.

On November 24, 2017, the Defendant was issued a summary order of KRW 4,50,000 for a fine for violation of the Road Traffic Act, etc. in the wooden Branch of Gwangju District Court on November 24, 2017.

Nevertheless, at around 19:50 on December 28, 2019, the Defendant driven FHUB110 Orba, without a motorcycle driver’s license, while under the influence of alcohol at approximately 100 meters from a 100-meter section from the front side of the restaurant located in Sinpo City B to E in the same city D.

As a result, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice, and simultaneously drive without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on actual condition, on-site photographs, report on the actual state of a drinking driver, investigation report, and the register of driver's licenses (A);

1. Application of criminal records, reply reports on criminal records, confirmation of criminal records not taken, investigation reports (verification of the same type of power and latter concurrent crimes), summary order, and Acts and subordinate statutes of the judgment;

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 an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Articles 37 and 39 (1) and the former part of Article 39 (1) of the Criminal Act to treat concurrent crimes;

1. We consider equity in the case where the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act was adjudicated concurrently with the crime on which the judgment became final and conclusive, and further consider all the circumstances such as the degree of punishment for drunk driving, the nature of the instant crime, and the age, character, and environment of the Defendant, the sentence shall be mitigated, and the execution of the sentence shall be suspended only once.