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

[criminal record] The defendant was sentenced to a fine of seven million won for the violation of the Road Traffic Act in the application of the Gwangju District Court on August 29, 2019.

[Criminal Facts] On May 15, 2020, the Defendant driven one ton of E under the influence of alcohol without a driver’s license, from approximately 100 meters to the entrance road of D village, from around 100 meters away from the C cafeteria, which is located in Han-gun B, Chungcheongnam-gun, Chungcheongnam-do to the entrance road of D village.

Accordingly, the defendant has driven a motor vehicle without the driver's license in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, enforcement record, notification on the control results of drinking driving, computerized data (the ledger of driver's license, vehicle inquiry, mandatory insurance, and details of disposition on the cancellation of driver's license);

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report;

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. 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. The reason for sentencing of Article 62-2 of the Criminal Act Article 62-2 of the Act on Suspension of Execution is that the Defendant had been punished twice since 2006, but repeated the drinking driving in the state of unauthorized License.

In light of the above criminal records and the social risk of drunk driving, it is necessary for the defendant to strictly punish the defendant.

However, the fact that the defendant reflects the wrong, and that there is no criminal record exceeding the fine, considering the circumstances favorable to the defendant, and the age of the defendant, including the degree of the punishment, is included.