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

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal power] On December 23, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on December 23, 2009, and was sentenced to a fine of KRW 5 million for the same crime in the same court on March 30, 2017.

【Criminal Facts】

On April 2, 2020, the Defendant, without a driver’s license of 05:55 on April 2, 2020, driven EN-si car at approximately 400 meters from the Do in front of the Cmine-si in the net City B to D, while under the influence of alcohol of 0.051%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, etc., written inquiry and written summary order-related Acts and subordinate statutes;

1. Relevant Article 148-2 (1), Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of a sentence of imprisonment with prison labor;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol density at the time of the instant case; and (b) the Defendant’s age, character and conduct, environment, criminal records (including records of several times of fines for the same kind of crime); (c) the distance of drunk driving; and (d) the circumstances after the instant crime, etc.; and (b) the sentence