A defendant shall be punished by imprisonment for one year.

except that 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

[Criminal Power] On April 1, 2019, the Defendant was issued a summary order with a fine of three million won as a crime of violation of the Road Traffic Act (driving on Motor Vehicle) at a wooden branch of the Gwangju District Court.

【Criminal Facts】

On October 14, 2019, at around 20:58, the Defendant driven a F SM3 car under the influence of alcohol content of 0.094% without obtaining a driving license from the nearest Do of “C” located in the Nananannam-gun, Nanannam-gun, to the front road D, approximately 100 meters.

Accordingly, the defendant violated the prohibition of driving under the influence of alcohol more than twice, and at the same time, operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, investigation report (report on the circumstances of a driver under the influence of alcohol), inquiry into the results of the control of drinking alcohol, register of driver's licenses

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the records of the same kind of crime), summary order, and application of Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Act on Suspension of Execution: Social danger of drunk driving and the purport of the revision of the Road Traffic Act to which statutory penalty is raised, the circumstances that are advantageous to the necessity of strict punishment for the act of drunk driving are recognized and contradictory to the fact that there is no other criminal records except for the punishment of a fine for a single drunk driving, and all the factors of sentencing as shown in the records and arguments including the degree of drinking, character and behavior, environment, family relationship, circumstances after the crime are considered;