A defendant shall be punished by imprisonment for two years.

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 11, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support, and a summary order of KRW 15,00,000 as a fine from October 1, 2019 to the same crime, respectively.

【Criminal Facts】

On May 2, 2020, around 01:37, the Defendant driven a F car under the influence of alcohol at approximately 1km from the front of the “C travelr” road located in Gwangju-si B to the front of the “Eju station” road located in D in Gwangju-si, with the blood alcohol concentration of 0.089%.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and at the same time, operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and a copy of each summary order;

1. Relevant Article 148-2 (1), Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting a crime (a point of driving without obtaining a license);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of a sentence of imprisonment with prison labor;

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

1. Probation and community service order Article 62-2 of the Criminal Act has a record of being sentenced to two times a fine for the same offense to the defendant for the reason of sentencing. In particular, even though the defendant was sentenced to a fine for the same offense in around 2019, the defendant again committed the instant crime for not more than seven months thereafter. In addition, the defendant's blood alcohol concentration at the time of the instant case, the defendant's age, character and behavior, environment, drinking driving distance, and circumstances after committing the instant case, and all of the sentencing factors in the instant trial process shall be determined as ordered by the order.