A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of violation of Article 44(1) of the Road Traffic Act] On April 15, 2010, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Seoul Northern District Court on April 15, 2010, and KRW 2 million as a fine from the Gwangju District Court's Branch Branch of the Gwangju District Court on March 26, 2018 to the same crime.

【Criminal Facts】

On March 31, 2020, at around 21:25, the Defendant, without a driver’s license, driven a B-II truck from the front side of a restaurant where the trade name in the transmission monthly 0.101% of blood alcohol level cannot be known at a night while under the influence of alcohol without a driver’s license, from the front side of the restaurant where the trade name in the transmission monthly 0.101% cannot be known at the same time to the e-mail intersection located in

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. Notification of the results of the drinking driving control, and the inquiry into the results of the drinking driving control (Evidence No. 16);

1. The register of driver's licenses (the No. 4 lists of evidence);

1. Previous for judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports (including reports on confirmation of criminal records, and each summary order attached thereto);

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime again even though he/she was punished twice due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and was punished once due to the previous drunk driving, and there is no time interval between the previous conviction and the date of the instant crime.