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

On November 26, 2019, the defendant was issued a summary order of KRW 8 million for the violation of the Road Traffic Act in the Gwangju District Court's net order support on November 26, 2019.

On June 5, 2020, at around 22:30, the Defendant driven an Ecellto vehicle in the state of alcohol alcohol concentration of about 0.079% without obtaining a driving license from a distance of about 50 meters from the front of the “C Station” road located in Pakistan-si B to the front of the same city hotel in the same city.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously driven a motor vehicle without a driver's license.

Summary of Evidence

1. The defendant's legal statement statement report, the report on the circumstances of the driver taking the driver taking the driving, the report on the circumstances of the driver taking the driving without a license, the ledger of driver's license, the inquiry inquiry report such as the criminal records, etc., and the 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 the facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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 of Article 62-2 of the Criminal Code of the community service order and the defendant had a record of being fined twice due to drinking driving, and in particular, even though one year has not passed since the date of punishment, he again committed the crime of drinking driving without obtaining a license.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The distance of the vehicle is short and the drinking level is not high.

No person who has been sentenced to suspended sentence or heavier punishment shall be punished.

This is favorable to the defendant.

The Criminal Act, including the above circumstances, including the age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.