A defendant shall be punished by imprisonment for a term of one year and two months.

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 May 23, 2017, the Defendant was sentenced to a fine of two million won as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net fishing support on May 23, 2017, and a fine of two million won as a violation of the Road Traffic Act (driving) in the Gwangju metropolitan net fishing support on March 13, 2018.

On July 15, 2020, the Defendant, without a driver’s license of 20:50 on July 15, 2020, driven a Dolst Hastal Hadrid car from the 9km section to the front road of the C Center located in the same city located in the new Si of the Yancheon-si, the 0.076% of the blood alcohol content without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. The actual survey report on traffic accidents (1) (2);

1. An accident site photograph;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, etc., inquiry reports, investigation reports (verification of criminal records of the suspect), and application of summary order statutes;

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. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

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 on the stay of execution (The fact that there is the previous department and the traffic accident has occurred while driving under influence of alcohol shall be considered in light of unfavorable circumstances, but there is no criminal record other than fines on the past two occasions, and the degree of blood alcohol concentration, etc.);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;