A defendant shall be punished by imprisonment for one year.

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

The Defendant was issued, at the Gwangju District Court, a summary order of KRW 5 million on September 19, 201, and a fine of KRW 3 million on October 31, 2018.

On May 13, 2020, the Defendant, without obtaining a driver’s license on May 13, 2020, driven a DNA car from approximately 200 meters to approximately 30 meters to approximately 0.175% of blood alcohol level, on the roads in the Suwon Mine-dong to the front roads located in the same Gu B.

Accordingly, the defendant was driving in violation of Article 44 (1) of the Road Traffic Act more than twice without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The license register for a report on the state of driving without notifying the result of regulating drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records and other inquiries, and considering the fact that the defendant had a record of performing the same kind of crime due to drinking and driving without a license two times each, and that the blood alcohol level at the time of the instant crime is considerably high, choice of imprisonment is inevitable.

However, there are circumstances such as the fact that the defendant has not been punished by a fine or heavier punishment, and that the defendant repents his mistake.

In this context, a suspended sentence shall be imposed by comprehensively taking into account the circumstances leading to drinking and driving without a license, the distance and place during drinking and driving without a license, and all of the sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, and circumstances before and after the crime.