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

[criminal power] On April 28, 2010, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act in the Gwangju District Court’s application for the crime of violation of the Road Traffic Act, and on December 30, 2014, the Defendant was issued a summary order of a fine of four million won for the same crime in the same court.

【Criminal Facts】

On April 1, 2020, the Defendant, without obtaining a driver’s license on April 23, 2020, driven a rocketing car at approximately 500 meters away from the vicinity of Mapo-si apartment to C Spo-distance Intersection in the same city, while under the influence of alcohol by 0.047%.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Report on the occurrence of a traffic accident, report on the actual condition of the accident, photographs on the scene of the accident, and evidence and photographs of the actual condition survey;

1. An inquiry into the results of the crackdown on drinking driving, a report on the circumstantial statement of a drinking driver, an investigation report, a register of driver's licenses, a register of disqualified persons from the main office, and an inquiry into the cancellation of disqualified persons;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (power of driving without a license), and application of Acts and subordinate statutes of three copies of summary orders;

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: The defendant has been subject to punishment twice due to drinking driving and repeated driving without license or driving without a license even though he/she had a record of punishment once due to driving without license.

The traffic accident caused.

The favorable circumstances: The error is against the law and the fine is exceeded.