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

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Punishment of the crime

[Power of crime] On April 7, 2020, the defendant was issued a summary order of a fine of KRW 6 million for a crime of violating road traffic law in the Gwangju District Court's net support on April 7, 2020.

[2] On June 24, 2020, the Defendant was driving a FM5 vehicle under the influence of alcohol level 0.158% while under the influence of alcohol level 0.158%, without obtaining a driver’s license from around C main points in C, which are located in C, 05:38 on June 24, 2020 to the front day of E, Dok-si.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, and violated Article 44 (1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. License register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Article 148-2 subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense (the point of driving without a license)

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures was that the Defendant was sentenced to a fine due to the crime of drinking alcohol driving, and the Defendant was driving a drinking without a license for two months. At the time, the Defendant’s blood alcohol concentration was relatively high.

On the other hand, there is no record of criminal punishment exceeding a fine against the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all factors of sentencing as shown in the trial process of this case, such as the circumstances after the crime, are considered as the order.