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 December 1, 2014, the Defendant issued a summary order of KRW 7 million due to the violation of the Road Traffic Act, etc. in the Gwangju District Court's net order support on December 1, 2014, and the same drinking driving force of the same kind is three times in total.

On February 27, 2020, at around 17:15, the Defendant driven a Mati C&C vehicle under the influence of alcohol concentration of 0.184% without obtaining a driver’s license on the front of the C&C vehicle located in F&C B.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition (1) (2);

1. An accident site photograph;

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. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to a summary order of the same kind of power);

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. Article 62 (1) of the Criminal Act (including the fact that there is no previous offense, other than a fine of four times of imprisonment without prison labor, and that there is no previous offense after 2014, circumstances of driving, distance, etc.);

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