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 November 20, 2019, the Defendant was issued a summary order of KRW 7 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

On December 29, 2019, at around 04:08, the Defendant driven a c K3 car with about 4 km from the front day of the restaurant where the trade name in the Bamamamb in the Gwangju Mine-gu is unknown, without obtaining a driver's license, to the front day of the same Gu, while under the influence of alcohol 0.08%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Report on the results of the drinking driving control, and notification of the results of the drinking driving control;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant was punished for drunk driving, and driving under drinking without a driver’s license for one month. Since drinking water in this case is high, the Defendant is sentenced to imprisonment in light of the criminal nature of the Defendant.

However, considering extenuating circumstances, such as the fact that the defendant has no other history of punishment except for the above drunk driving record, the defendant's mistake was repented late and later, the period of punishment shall be set within the scope of the punishment, and the execution of the punishment shall be suspended, but the defendant shall be renewed as a sound member of the society.