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

On October 23, 2019, the Defendant was issued a summary order of KRW 6 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On July 31, 2020, at around 02:31, the Defendant driven D K7 cars under the influence of alcohol by 0.054% of alcohol alcohol concentration, without obtaining a driver's license, from the front of the road located in B of the Jeonnam-si, Jeonnam-si, Gwangju Mine-gu to the roads in front of the 15km-gu, Gwangju Mine-gu.

As a result, the defendant driving without a driver's license and at the same time violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of inquiry reports, such as criminal records, investigation reports (Attachment of judgment), previous records of disposition, and reporting results of confirmation, to Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act for community service and lecture attendance order committed again one year after the defendant was punished for drunk driving, and the defendant did not have been punished by a fine or heavier punishment. The degree of blood alcohol at the time of the crime in this case, the degree of drinking alcohol, the circumstances leading to the drunk driving, the distance and place of drinking driving, and the defendant's mistake are divided, and other sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, and circumstances before and after the crime in this case, shall be determined as ordered.