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

On November 13, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on June 11, 2020, the Defendant was sentenced to a fine of KRW 10 million for the same crime in the same court.

On July 4, 2020, the Defendant, without obtaining a driver’s license on July 4, 2020: (a) driven a dred-in car from about 10km to the convenience store in Seo-gu, Gwangju, with a 0.146% alcohol level, while under the influence of alcohol at around 00:11.

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

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, application of 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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act committed the instant crime again even though the Defendant was punished twice due to drunk driving. In particular, the Defendant committed the instant crime of drinking without a driver’s license since he was not even one month after he was sentenced to a judgment due to drinking driving. Therefore, the Defendant again committed the instant crime of drinking without a driver’s license. Therefore, the Defendant is sentenced to imprisonment with prison labor.

However, there are circumstances to consider the circumstances of the crime, such as the defendant's replacement driving before the crime of this case. However, such circumstances are without a license.