Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 20, 2018, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

On July 18, 2019, at around 00:05, the Defendant driven a motor vehicle of 4 km in the direction of alcohol level 0.161% under the influence of alcohol level 0.161% without obtaining a driving license, from the later side of the C University located in Gwangju Northern-gu, Gwangju to the same Gu D-do road.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, and violated Article 44 (1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of inquiries, such as criminal records, and one copy of a summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act is that, even before the instant crime was committed, one time a fine was imposed for drunk driving, and the interval between the previous records of drunk driving and the instant crime was shorter, and the blood alcohol level was not lower, etc., the court shall select and punish imprisonment at a time. Before the instant crime, the court shall be sentenced to suspended sentence by taking into account the fact that the punishment was imposed once prior to the instant crime was all, and that the conviction was recognized by its mistake, etc.

In addition, the details of the driving without a license for drinking alcohol, the distance and place of driving without a license for drinking alcohol, the details of the crackdown, the defendant's age, character and conduct, environment, circumstances after the crime, etc. shall be determined as the sentence as ordered.