A defendant shall be punished by imprisonment for a term of one year and four 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

[criminal power] On June 5, 2008, the Defendant received a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (refluence of noise measurement) from the Gwangju District Court’s Branch on July 17, 2015, a summary order of KRW 4,00,000 as a crime of violating the Road Traffic Act (refluence of noise measurement), and on September 21, 2017, the same court issued a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act (refluence of noise measurement).

【Criminal Facts】

On January 10, 2020, the Defendant, without obtaining a driver’s license, driven a motor vehicle with a fested driver’s license with a blood alcohol concentration of 0.089% under the influence of alcohol without obtaining a driver’s license in about 4km section from the vicinity C to the same city D apartment E-dong parking lot.

Accordingly, the Defendant was driving while under the influence of alcohol not less than twice, while driving at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of a drinking driver, internal investigation report (control details, etc.), circumstantial statement report of a drinking driver, investigation report, notification on the results of the crackdown on drinking driving, vehicle driving of a suspect, and register of driver's licenses;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect 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. Circumstances disadvantageous to the sentencing of Article 62-2 of the Criminal Act: The defendant's act of drinking alcohol in light of the fact that the defendant repeats the driver's license for drinking and non-driving despite the fact that he had five times of punishment for the same kind of crime, and the social danger of drinking driving and the purport of the revision of the Road Traffic Act increased by statutory penalty.