A defendant shall be punished by imprisonment for not less than one year and six months.

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

On February 23, 2015, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act in the wooden branch of the Gwangju District Court.

Nevertheless, at around 23:00 on May 22, 2020, the Defendant, without a driver’s license, driven a C-A-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-

As a result, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice, and simultaneously driven a motor vehicle without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, written statement of D police officers;

1. Report on the occurrence of a traffic accident, field map, actual condition survey report, field photograph, report on the circumstances of a drinking driver, investigation report, notification on the results of the drinking control, inquiry into the results of the drinking control, investigation report, internal investigation report, vehicle driving certificate (A-Revocation), vehicle driving certificate (A), disposition for cancellation of a driver's license;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of criminal records of the same kind as a suspect);

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. The reason for the sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence, even if the person was punished twice due to the drunk driving, the person was under the influence of alcohol again, and the degree of blood alcohol concentration is also high, and the nature of the crime is not weak.

Therefore, the execution of a sentence shall be suspended by imprisonment with prison labor, and there is no punishment heavier than a fine so far, taking into account the age, health, home environment, economic conditions, and conditions of the defendant, etc.