A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for five years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, on August 18, 2016, was sentenced to a suspended sentence of 8 months for the violation of road traffic law in the Gwangju District Court's net support on August 18, 2016 and was sentenced to a suspended sentence of 2 years for a total of 4 times.

[Criminal facts] On July 4, 2020, the Defendant driven C benz car under the influence of alcohol level of 0.069% in front of the building B at the time of influence of the building B at around the south of the building B at around July 4, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

On November 25, 2020, the Defendant driven a Cbenz car without obtaining a driver's license from around 2 km section from D apartment E to G funeral funeral sprink road located in F in the same city in the same city, in the case of the remaining remaining in the city of the city of the city of the Gu, around 05:20.

Summary of Evidence

1. The defendant's statement at court (2020 highest 1912);

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: A copy of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 152 subparag. 1 and 43 of the Road Traffic Act (amended by Act No. 17371 of Jun. 9, 202), Articles 152 subparag. 1 and 43 of the Road Traffic Act, and each choice of imprisonment with labor

1. The reason for sentencing under Article 62-2 of the Criminal Act with respect to an order to observe Article 62(1) of the Act on the Suspension of Execution was that the Defendant’s blood alcohol concentration was relatively high at the time of the instant case.

On the other hand, however, the defendant is subject to a suspended sentence of imprisonment with prison labor in 2016 and has the same criminal records.

Even so, the Defendant committed the instant drinking driving crime, and was driving again while his driver’s license was revoked due to the said drinking driving.

In addition, the defendant's age, health status, sex, environment, motive, background, means and consequence of the crime, and the circumstances after the crime.