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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On January 7, 2008, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Gwangju District Court and KRW 5 million as a fine in the same court on April 24, 2018.

【Criminal Facts】

On July 8, 2020, the Defendant, without obtaining a driver’s license on July 8, 2020, driven a mixed-type ACCOD car from approximately 40 meters to the front of the building in the same Gu, in the state of alcohol of 0.124% of blood alcohol concentration without obtaining a driver’s license on July 8, 2020.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The fact-finding report on the actual traffic accident and the circumstantial statement of the driver;

1. Inquiry into the driver's license ledger;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

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

1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined as ordered by taking into account the various sentencing conditions as shown in the records and arguments of this case.