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

On May 16, 2018, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On November 2, 2019, at around 21:43, the Defendant driven a Category C Motor Vehicle without obtaining a driver's license in the section of approximately 2 km of blood alcohol concentration of about 0.045% from the section of approximately 2 km to the front line of the same Gu.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and simultaneously driven without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of criminal records, etc. of suspects' drinking driving);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime (the point of a driving under the influence of sound), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of a driving without a license)

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was punished by a fine due to drunk driving in 2018 and the driver’s license was revoked; (b) the Defendant was tried to drive in 2018 and was punished without license for driving in 2018; and (c) the Defendant again committed each of the instant crimes; (c) the Defendant was selected as having no record of punishment exceeding the fine; (d) the blood alcohol content (0.045%) was not high; and (e) the Defendant’s age, character and behavior, environment, and circumstances after committing the instant crime, etc.; and (e) the execution of the sentence is postponed and ordered to take part in the compliance driving course.