A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[Criminal Power] On March 9, 2016, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Gwangju District Court on March 9, 2016.

around 00:35 on July 2, 2020, the Defendant driven C K5 cars under the influence of alcohol with approximately 20 km alcohol content of about 0.091% from the 20km section from the Do to the front road of the Jin-si, Jin-si. B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

around 00:20 on September 11, 2020, the Defendant driven C K5 cars under the influence of alcohol content of about 0.11% without obtaining a driver’s license in a section of about 300 meters from D in front to E in front of the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and at the same time, operated a car without obtaining a driver's license.

Summary of Evidence

[200 Highest891]

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the circumstantial statement of a drinking driver [20 order 1102];

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, and the report on circumstantial statements of drinking drivers, the register of driver's licenses of motor vehicles, and the report processing table of 112 cases;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 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 defendant, even though he/she had a record of punishment for drunk driving, once he/she drives under the influence of alcohol, shall proceed to a trial due to drinking driving.