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

1. Around 03:30 on May 15, 2020, the Defendant driving a DNA car without obtaining a driver’s license from the front day of the “C” road located in Gwangju Northern-gu, Gwangju, to the front day of the “G” road located in the same Gu-ro 148.

2. On January 9, 2020, the Defendant was issued a summary order of KRW 6 million for the crime of violating the Road Traffic Act at the Gwangju District Court.

At around 03:55 on the same day, the Defendant was drunk while driving the foregoing car on the front of the “Gwingro,” located in 148, Magro-ro, Gwangju Northern-gu.

At the time, the Defendant sniffed and sniffed in his body, and there are reasonable grounds to recognize the Defendant to have driven the said kniff vehicle under the influence of alcohol, such as when the said kniff vehicle was stopped without the starting of the knife, etc., the Defendant was demanded from F to respond to the drinking test for about 20 minutes by receiving 112 reports.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The register of driver's licenses to notify the results of drinking control;

1. Previous records of judgment: Criminal records, etc. and inquiry reports and application of two-yearly Acts and subordinate statutes of judgment;

1. Relevant provisions of the Act on Criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (a point of driving without a license), and selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order.