A defendant shall be punished by imprisonment for a term of one year and four 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 Justice] On June 8, 2013, the Defendant was subject to a disposition to forward juvenile protection cases as a crime of violation of the Road Traffic Act (driving on the basis of the fact that he/she driven under the influence of alcohol at 0.127% of blood alcohol level around June 8, 2013.

As above, the Defendant received a disposition to transfer juvenile protection cases and received a protective disposition from the Gwangju Family Court on September 2, 2013.

【Criminal Facts】

On October 16, 2019, at around 01:03, the Defendant, without a driver’s license, driven a motor vehicle with a f-fat rate under the influence of alcohol with approximately 500 meters alcohol concentration of 0.129% at a distance of about 500 meters from the street in front of Hongcheon-gun, Hongcheon-gun without a driver’s license, to the E parking lot.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Inquiries into the circumstantial statement of a drinking driver, and the results of crackdown on drinking driving;

1. The driver's license ledger;

1. On-site photographs;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, etc., inquiry reports, amounts of dispositions, and reports on results of confirmation (investigative records No. 43 pages);

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. 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 under Article 62-2 of the Criminal Act is that the defendant was subject to juvenile protective disposition one time due to drunk driving and one criminal punishment and six times juvenile protective disposition due to unauthorized driving. In addition, the nature of the crime is not good, and the defendant's blood alcohol concentration level is considerably high.

However, there is a relatively short distance of the defendant's driving, and a traffic accident is caused by the crime of this case.