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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On July 4, 2014, the Defendant issued a summary order of KRW 1,50,000,000 for fines for the same crime, etc. in the same support as a crime of violating the Road Traffic Act, at the support of the Gwangju District Court, on July 4, 2014.

[2] On August 23, 2020, the Defendant driven an E rocketing car from around 500 meters from the front day of the restaurant in the Gun B market to the road of the same Do under the influence of alcohol level of 0.140%, without obtaining a driver's license on August 23, 2020, while under the influence of alcohol level of 0.140%.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol without obtaining his driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes to a reply to inquiry, such as criminal history, report on investigation (formers and confirmations), summary order, and previous convictions not subject to disposition, and reporting the results thereof;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is not very good that a crime is committed at any time due to the act of spreading human life risks, and the voice of our society demanding strong punishment is high.

The defendant is a person who has been punished for driving alcohol four times in the past.

Nevertheless, the danger of drinking driving is not closed, and it is serious danger to the safety of the general public by driving under drinking again.