A defendant shall be punished by imprisonment for one year.

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 January 12, 2018 and July 26, 2013, the Defendant received a summary order of KRW 4 million, respectively, for a crime of violation of the Road Traffic Act from the Gwangju District Court.

【Criminal Facts】

On June 12, 2019, at around 02:25, the Defendant driven a F K7 car with approximately 5km section from the front of the road in Gwangju Northern-gu, to the front of the “E” restaurant located in Gwangju-gu, Seo-gu, without obtaining a driver’s license, while under the influence of alcohol of 0.220%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver and the report on internal investigation (the report on the circumstances of the driver);

1. Registers of driver's licenses;

1. Criminal records: Application of an inquiry report and a copy of each summary order to the Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (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 (the punishment imposed on each of the above crimes, and the punishment imposed on any violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the suspended execution (hereinafter “the grounds for the suspended sentence”), which takes into account the favorable circumstances

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 62-2 of the Act on the Order of Community Service and Order of Education, and Article 59 of the Act on the Probation, etc., are to select imprisonment in that the defendant has already been sentenced to two times or more due to drinking driving, even though he had already been subjected to two times due to drinking driving,

However, it shall be considered favorable to the fact that there is no record of punishment exceeding a fine due to drinking driving, and that it is hard to say that the defendant will not drive a drinking without a license.

In addition, the motive for driving without a license for drinking alcohol, place and distance of driving without a license for drinking alcohol, and after committing the crime.