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 power] On May 2, 2011, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Gwangju District Court on May 2, 201, and a fine of KRW 5 million as a crime of violation of the Road Traffic Act at the same court on June 7, 2017, respectively.

【Criminal Facts】

On May 14, 2019, at around 03:50, the Defendant, without a driver’s license, driven an Efoler HG car at approximately KRW 300 meters from the front side of the Cju store located in Gwangju-gu, Nam-gu, Seoul to the front side of D, Jeonnam-gun, D, in a drunken state with a blood alcohol level of 0.142% without a driver’s license.

As a result, the defendant was a person who violated the Road Traffic Act more than twice by driving a motor vehicle while under the influence of alcohol, and was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control and inquiry of the results of drinking driving control;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of inquiries, such as criminal records, and third-class summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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. In light of the social risk of the crime of drinking alcohol driving for the reason of sentencing Article 62-2 of the Criminal Act, it is necessary to strictly punish the repeated crime of drinking alcohol driving.

However, as stated in the records of the crime records in the judgment, the Defendant has already been punished two times or more by a fine due to drinking driving, and the distance between the crime of this case and the previous drinking driving record is also difficult.

On the other hand, the Defendant was punished by a fine for driving without a license in around 2019.

Even in consideration of the circumstances asserted by the defendant and defense counsel, the defendant's act.