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

On April 16, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for the crime of violation of the Road Traffic Act, and a fine of KRW 6 million by the same court on January 17, 2013.

On April 11, 2020, the Defendant, without obtaining a driver’s license at around 22:45, driven a CEX car at a section of about 2 km from the front side of the Gwangju Mine-gu to the lower end of the Mannam-dong located in the same Dong-dong, while under the influence of alcohol level of 0.056%.

Accordingly, the defendant, without obtaining a driver's license, driven a motor vehicle in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. License register;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate 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 the 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. The sentencing records and arguments of Article 62-2 of the Criminal Act include the defendant's records of identical crime for the reason of sentencing, the degree of blood alcohol, the background of drinking and unlicensed driving at the time of the crime of this case, the distance and place of drinking and unlicensed driving, and the defendant's mistake are divided. The defendant's age, character and behavior, and circumstances before and after the crime of this case and all the sentencing conditions shown in the arguments of this case shall be determined as ordered.