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 October 20, 2017, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Gwangju District Court, and a summary order of KRW 4 million as a fine in the same court on June 4, 2019.

【Criminal Facts】

On October 9, 2019, the Defendant, without obtaining a driver’s license at around 23:44 on October 23, 2019, driven a FK5 vehicle from approximately 500 meters away from the front of an influent restaurant near the Chigh School located in Gwangju Mine-gu, to the front of the E Hospital located in the same Gu, while under the influence of alcohol by 0.042%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time driving without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Requests for appraisal;

1. Registers of driver's licenses;

1. Previous conviction: Application of summary order Acts and subordinate statutes;

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. 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 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 by taking into account the various sentencing conditions as shown in the records and arguments of this case.