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 March 5, 2007, the Defendant was sentenced to a fine of one million won as a crime of violation of the Road Traffic Act (driving) in the Gwangju District Court's application for a wooden branch on May 28, 201, and a fine of four million won as the same crime in the same court on May 28, 2013. On February 27, 2020, the Defendant was sentenced to suspension of indictment for a violation of the Road Traffic Act (driving) at the wooden branch office of the Gwangju District Prosecutors' Office.

【Criminal Facts】

On May 9, 2020, the Defendant, without obtaining a driver’s license at around 00:25, driven a flus vehicle from a section of about 500 meters from the road front of the Cju store located in Hepo City B with a blood alcohol concentration of at least 0.127%, to the E sales outlet in D at the same time.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a driver with a driver with a driving license, circumstantial report (whether or not a driver with a driving under hazard), investigation report, notification of the results of the control of driving under influence of alcohol, register of driver's licenses (A), and details of disposition taken to revoke

1. A report on the occurrence of a traffic accident, a report on actual condition, a survey report, a photograph of evidence, a criminal investigation report (CCTV image), and CCTV images of outer walls of the E store;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (Attachment to criminal records of the same kind as a suspect, written judgments, etc.);

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there is a need for strict punishment for drinking driving in light of the social danger of drinking driving and the purport of the revision of the Road Traffic Act increased by statutory penalty, and the number of criminal records of the same kind.