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

[Power of Violation of Article 44(1) of the Road Traffic Act] On August 7, 2013, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court for a crime of violation of the Road Traffic Act. On May 18, 2017, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with labor for the same crime.

【Criminal Facts】

On April 21, 2020, the Defendant driven a motor vehicle by d pluger at approximately 5km from the Seo-gu parking lot to the front road of Gwangjubuk-gu, in the state of drunk alcohol concentration of 0.039% without obtaining a driver's license at around 21:56.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. On the date of the second trial, the Defendant denied the part of the charge of violating the Road Traffic Act among the charges of this case, on the ground that the Defendant appeared to have raised blood alcohol concentration during the first trial date, and led the Defendant to make a confession at the second trial date.

1. Inquiry the results of the drinking driving control;

1. Registers of driver's licenses;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (Attachment to a summary order, etc. of the same type of power);

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

1. Article 62 (1) of the Criminal Act on probation;

1. The defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the instant crime again even though he/she was punished twice due to drunk driving in violation of Article 44(1) of the Road Traffic Act, and was punished once due to his/her previous drunk driving, and has recently been under the influence of alcohol.