A defendant shall be punished by imprisonment for a term of one year and two months.

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 June 11, 2019, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act (refluence of noise measurement) in the Gwangju District Court's interest support.

Nevertheless, at around 18:40 on Nov. 4, 2019, the Defendant driven a gallon II car with approximately 900 meters alcohol level while under the influence of alcohol level 0.160% in front of the D Village bus bus stops, without obtaining a driver's license, on the front of the D Village bus stops located in Jinjin-gun, Gangnam-gun.

Accordingly, the defendant violated the regulations on prohibition of drunk driving more than twice, and at the same time, operated a car without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking control, the register of driver's licenses, and the accident site photograph;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (attached to a summary order of the same kind of case);

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. The reason for sentencing under Article 62-2 of the Criminal Act is an offense that may cause serious harm to unspecified persons, and thus, the social risk is considerably high, the defendant drives a drinking again without being aware of the fact that the defendant had been punished for refusing to measure drinking, the defendant's mistake is hard to avoid repeating a crime, the defendant has no record of exceeding a fine, the sentencing balance with the case of the same kind, the defendant's age, character and behavior, environment, health conditions, the motive and consequence of the crime, etc., and all of the sentencing factors indicated in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.