A defendant shall be punished by imprisonment for not less than one year and six 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

[Power of violation of Article 44 (1) of the Road Traffic Act] The defendant was issued a summary order of KRW 3 million at the Gwangju District Court on July 11, 2012 due to the violation of the Road Traffic Act and the violation of the Road Traffic Act.

【Criminal Facts】

On October 16, 2019, the Defendant driven a Cknife vehicle at approximately 200 meters away from the front side of the trade name in the north-gu, Gwangju to the front side of the B-gu, Gwangju, without obtaining a driver's license on a motor vehicle and at around 20:30, while under the influence of blood alcohol level of 0.172%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal history records, inquiry reports (suspects' previous records and confirmations) and Acts and subordinate statutes;

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. 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, on the grounds of sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture, was punished not only for drunk driving in violation of Article 44(1) of the Road Traffic Act but also for his previous drunk driving, and committed the instant crime again even though he was punished several times due to unauthorized driving, and the instant crime was committed again, and thus, the Defendant is sentenced to imprisonment with prison labor.

However, considering the fact that the defendant's drinking driving does not have the recent force of punishment and there is no force of punishment heavier than imprisonment with prison labor and equality in other cases.