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] The defendant was issued a summary order of KRW 5 million by the Gwangju District Court on January 7, 2020.

【Criminal Facts】

On July 11, 2020, the Defendant driven a DSS3 car from approximately 1 km from the front side of the Gwangju Mine-gu to the front road of the same Gu, while under the influence of alcohol by 0.103% without obtaining a driver's license on July 20, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes 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 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 once 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 in particular, committed the instant crime only for six months and six months, and the instant crime was committed. Thus, the Defendant is sentenced to imprisonment with prison labor.

However, after reducing the amount of punishment in consideration of extenuating circumstances, such as the fact that the defendant has no record of punishment heavier than imprisonment with prison labor, and that the defendant repented his mistake, the term of punishment shall be set within the scope of the punishment, and the execution of the punishment shall be carried out.