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

On October 28, 2016, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act at the wooden branch of the Gwangju District Court on October 28, 2016, and on April 23, 2018, the Defendant was issued a summary order of KRW 7 million as a fine for the same crime in the same court.

Criminal facts

Although the Defendant had been punished for drunk driving as above, at around 03:50 on October 11, 2019, at approximately 500 meters away from the B apartment to the front road of the C apartment in Mapopo-si, the Defendant driven D rocketing car under the influence of alcohol content of 0.139% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The ledger of driver's licenses (A), and details of the disposition for cancellation of driver's licenses (A);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same attached 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. Probationary sentencing under Article 62-2 of the Criminal Act takes into account the blood alcohol concentration in the instant case, the situation at the time of detection of drunk driving, the criminal defendant's like records, etc.