A defendant shall be punished by imprisonment for one year.

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 February 15, 2011, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch, and on May 31, 2016, the above court issued a summary order of KRW 5 million as a fine for the same crime.

On October 15, 2018, at around 20:25, the Defendant driven a F Connected Driving Vehicle with approximately 500 meters alcohol level 0.119% under the influence of alcohol level 0.19%, without obtaining a driver’s license, from the front of the cafeteria “C” restaurant in the Jeonnam-gun B to the front of the E-high school located in the Jeonnam-gun Do.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. On the grounds of sentencing under Article 62-2 of the Probation Criminal Act, considering the criminal records of the defendant (the interval between the same kind of power and the previous penal power), the background of driving under the influence of alcohol in this case (the defendant's driving without driver's license as well as the degree of blood alcohol concentration of the defendant at the time of driving in this case) and the degree of the defendant's blood alcohol level at the time of driving in this case, the sentence identical to the order shall be determined by taking into account the following factors: the defendant's health status and family relations, etc.

It is so decided as per Disposition for the above reasons.