A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On December 28, 2015, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act at the Gwangju District Court on December 28, 2015.

On November 13, 2020, the Defendant driven an E-Poter truck from around 2.5 meters from the front road in Gwangju Northern-gu, to the front road located in the same Gu B, while under the influence of alcohol of 0.104% during blood, without obtaining a driver's license, at around 15:54, the Defendant driven an E-Poter truck from around 2.5 meters.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving drinking, and inquiry of the results of crackdown on driving drinking (the list No. 10);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order for driving without a license for drinking), and other Acts and subordinate statutes;

1. Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020) concerning criminal facts, and Articles 152 Subparag. 1 and 43 of the Road Traffic Act (the point of driving under influence of alcohol)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances, etc. described in the following grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act (including the above circumstances, etc.);

1. The Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, committed the instant crime again even though he/she was punished for driving alcohol, and there is no time interval between the previous conviction of drinking alcohol and the date of the instant crime. The instant drinking alcohol also constitutes the revocation value of driver’s license. Since the Defendant had a history of having been punished for driving without a license for a long time while maintaining a long-term state of license, the Defendant is sentenced to imprisonment with prison labor.

However, the driving distance of this case is short, and the defendant is a same crime.