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

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

Punishment of the crime

[criminal power] On February 17, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Gun mountain support of the Jeonju District Court on February 17, 2010, and a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) from the Gun mountain support of the Jeonju District Court on March 22, 2017.

【Criminal Facts】

On February 16, 2020, the Defendant, without obtaining a driver’s license, driven a e-learning car from about 10km to the front road of the D Company, which is located in C, from the front of the D Company, to the front road of the Jinjin-si, in the state of alcohol concentration of 0.110% under the influence of alcohol at around 17:49.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses and details of disposition for cancellation thereof;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification of sound driving records);

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. 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 grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the fact that the defendant's reason for sentencing under Article 62-2 of the Order to Attend education is not deemed to drive in drinking again while his/her license was revoked due to drinking driving; (b) the circumstances surrounding the occurrence of the accident;