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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On June 19, 2018, the Defendant received a summary order of KRW 1,50,000 from the Gwangju District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On August 28, 2019, at around 03:00, the Defendant driven D K5 cars while under the influence of alcohol of about 0.143% alcohol concentration without obtaining a driver's license for approximately 1km section from the West-dong in Gwangjubuk-gu to the roads near C in the same Gu.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual condition of traffic accidents (1,2);

1. The circumstantial statement of the employer and the circumstantial report of the employer;

1. Previous conviction: Application of summary order Acts and subordinate statutes;

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

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;

1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.