A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On November 7, 2019, the Defendant received a summary order of KRW 6 million as a crime of violating the Road Traffic Act (drinking driving) from the Gwangju District Court’s net support on November 7, 2019

[2] On November 10, 2020, the Defendant driven a DMW car under the influence of alcohol level 0.103% while under the influence of alcohol level 0.103%, without obtaining a driver’s license, from “B” to “B”, where it is difficult to find out the specific address of the B, which is lower than that of the B, at around 1.5 km-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of an inquiry and an appraisal report about the results of regulating drinking driving;

1. License register;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Records of the judgment: Application of a reply to inquiries, such as criminal history, (A), a report on investigation (applicable to the same type of force), and a summary order;

1. Article 148-2 subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense (a point of driving without a license)

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 to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, recognizes and reflects the crime of this case, but there is a need to strictly punish the social harm caused by drinking driving, as the social harm caused by drinking is very serious.

In light of the fact that the Defendant’s blood alcohol concentration reaches 0.103%, and that the Defendant was punished by a fine for a violation of the Road Traffic Act (driving) in 2019, such as the record of the crime in the judgment, and that the Defendant committed a second offense within a short time, the Defendant’s liability is somewhat weak.

subsection (b) of this section.

In addition, the defendant is the defendant.