A defendant shall be punished by imprisonment for one year.

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

[Power of violation of Article 44(1) of the Road Traffic Act] On December 24, 2010, the Defendant issued a summary order of KRW 3 million at the Gwangju District Court for a crime of violation of the Road Traffic Act, and KRW 4 million at the same court on March 14, 2016 for the same crime.

【Criminal Facts】

On July 21, 2020, the Defendant, without obtaining a driver’s license on July 21, 2020, driven FOba in the section of approximately 500 meters from the front of the cafeteria “C” restaurant located in Gwangju Northern-gu B to the cafeteria “E” restaurant located in Gwangju Northern-gu D, while under the influence of 0.138% alcohol alcohol level without obtaining a driver’s license.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice, and simultaneously drive a motorcycle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the G production;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a copy of summary order attached);

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The Defendant, with the reason of sentencing in Article 62-2 of the Criminal Act, committed the instant crime again even though he was punished twice due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and once due to a previous drunk driving. The recent criminal record of a drunk driving and the date of the instant crime are not considerably distance between the previous criminal record of a drunk driving and the date of the instant crime, and the instant penal record of a drunk driving is highly high, thereby sentenced to imprisonment with prison labor

However, there are some circumstances for the defendant to take into account the circumstances that led to driving without a license.