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

[Criminal Power] On June 23, 2017, the Defendant was issued a summary order of KRW 7 million as a crime of violation of the Road Traffic Act (refluence of noise measurement) at the Gwangju District Court's Maritime Court's support.

【Criminal Facts】

On May 4, 2020, the Defendant, without obtaining a driver’s license at around 23:20 on May 4, 2020, driven a 7 km fwing truck with approximately 0.154 % of alcohol content from the front side of C in the Jeonnam-nam Navy B to the front roads located in D in the same Gun.

As a result, the defendant violated Article 44 (1) or (2) of the Road Traffic Act at least twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control, report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking driver, notification on the results of the drinking control, and inquiry into the results of the drinking control;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal history records, inquiry reports (the records of violations of Article 44 (2) of the Road Traffic Act), and application of summary order statutes;

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 Competition;

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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is not very good for the crime to be committed at any time, and the voice of our society demanding strong punishment.

The defendant is a person who has been punished for a violation of the Road Traffic Act (Refusal of measurement) once in the past.

Nevertheless, the risk of drinking driving has not been broken down, and it has brought about serious danger to the safety of the general public by driving under drinking again.