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 March 3, 2014, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act in the Gwangju District Court's net order in the Gwangju District Court.

On February 9, 2020, the Defendant driven E-Poter truck under the influence of alcohol 0.167% of blood alcohol concentration without obtaining a driver’s license from the front side of C, which is located in Net City B, to the front side of D, Net City, at approximately 500 meters.

As a result, the defendant violated the prohibition of drunk driving more than twice, and at the same time, operated the above cargo without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. 112 reported case handling table;

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

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. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

1. Selection of imprisonment with prison labor chosen;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (with substantial blood alcohol concentration and repeated driving without license after revocation of license is disadvantageous; however, there is no criminal record other than a fine of three times in the past; the defendant recognized the error and reflects it; distance of driving, etc.);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;