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 July 8, 2014, the Defendant issued a summary order of KRW 1,50,000 to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act in the Gwangju District Court Support Act on March 9, 2016, and a summary order of KRW 5 million as a fine for the same crime in the same court on November 14, 2017, respectively.

【Criminal Facts】

On September 16, 2019, the Defendant, without obtaining a driver’s license on September 16, 2019, driven an Erabula car from approximately 600 meters away from the roads in Heposi B with a blood alcohol concentration of 0.179%, to the front roads in C at the same time.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than once without obtaining a driver's license, was driving a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. G statements;

1. The circumstantial report of a drinking driver, a report on the circumstances of a drinking driver, an investigation report, a report on the results of the drinking driving control, a notice on site photograph, a driver's license register, a driver's license register, a disposition taken to revoke a driver's license, evidentiary photographs, CCTV image CD, an investigation report (hereinafter referred to as the "report"), and a criminal investigation report (112 detailed statement and a recording file);

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment to summary orders, etc. of the same criminal records as the suspect), and application of Acts and subordinate statutes of three copies of summary orders;

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: the act of drinking driving in light of the social danger of drinking driving and the purport of the revision of the Road Traffic Act, which increases the statutory penalty.