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

[criminal power] On December 10, 2013, the Defendant was sentenced to a fine of 4.5 million won for the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (licensed Driving) in the Gwangju District Court’s Support on the 10th of December, 2013. On October 12, 2017, the Defendant was sentenced to a summary order of 5 million won for the same offense by the same court, respectively.

【Criminal Facts】

On December 31, 2019, the Defendant, without obtaining a driver’s license on December 23, 2019, driven a Frotop car at approximately 150 meters away from C adjacent to the Jeonnam-gun, to the front road in D, while under the influence of alcohol at least 0.167%, and on December 31, 201, around 01:015, the Defendant driven a Frotop car at the section of about 10 meters adjacent to E located in Newanan-gun, Da.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G and H;

1. The circumstantial report and statement of a drinking driver, investigation report, notification on the results of the regulation of drinking driving, the register of driver's licenses, disqualified meetings of the main office, and the results of the crackdown on drinking driving;

1. A report on the occurrence of a traffic accident, the actual survey report on the traffic accident, and the accident site photograph;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, summary order two copies, results of criminal records, and application of 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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Social danger of drunk driving and circumstances favorable to the need for strict punishment for drinking driving in light of the purpose of the revision of the Road Traffic Act, which increases the statutory penalty: