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 19, 2015, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Gwangju District Court, and on December 12, 2017, a fine of KRW 5 million was issued by the same court as the same crime.

【Criminal Facts】

On October 21, 2019, the Defendant, without obtaining a driver’s license at around 04:10 on October 21, 2019, driven BMW car from approximately 1km to the 1km-distance road in front of a restaurant near the 63 nive area of Gwangju Mine to the live road located in the same nive area as the nive area, under the influence of alcohol by 0.10% of the blood alcohol concentration.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous conviction: Application of each summary order of 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.