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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On December 28, 2015, the Defendant received a summary order of KRW 5 million as a crime of violation of the Road Traffic Act (driving) in the Jeonju District Court’s Jung-Eup branch on December 28, 2015.

【Criminal Facts】

On June 3, 2020, at around 08:50, the Defendant driven an E-5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.146%, without obtaining a driver's license in the section of about 1km from the front of Go Chang-gun B apartment to the front of the D School located in Go Chang-gun C, Go Chang-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. Notification of the control of drinking driving;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate 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 ordinary concurrent crimes (a punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act;

1. The execution of an order to attend a course under the condition of an order to attend a course is postponed, taking into account the following: (a) the number of alcohol content, the short driving distance, the number of reasons for sentencing under Article 62-2 of the Criminal Act; (b) the occurrence of an accident not involving an accident; (c) the process of detection (verification after a vehicle stops by a traffic police officer in a remote distance); (d) the records of the same type of crime (including a fine of KRW 5 million on December 28, 2015); and the fact that the defendant is receiving

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the conditions of all the sentencing shown in the arguments in this case, such as the circumstances after the crime, shall be determined in the same manner as the order.