A defendant shall be punished by imprisonment for not less than one year and six months.

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 January 29, 2010, the Defendant issued, at the Gwangju District Court, a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) and on October 19, 2012, a summary order of five million won due to a fine for the same crime, etc. at the same court. On December 5, 2014, the Defendant was sentenced to a suspended sentence of one year for the same crime, etc. by the same court.

On April 16, 2020, the Defendant, without obtaining a driver’s license on April 23:35, 2020, driven an E QM6 car from approximately 500 meters away from the G hotel in the south-gu, Gwangju to the direction of D in the same Gu C, while under the influence of alcohol level of 0.148%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and report on the situation of operating without a license;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate 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 the 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation, community service, and order to attend the course of sentencing under Article 62-2 of the Criminal Act, taking into account the following: (a) the Defendant, with the reason of sentencing, once several times, has the same criminal records of drinking and driving without a license, and (b) the Defendant has the record of having been sentenced to a suspended sentence of imprisonment for one time due to drinking and driving without a license, it is inevitable to choose a sentence

However, there are circumstances such as the fact that there is a time interval from the date of the last crime and the defendant's mistake is divided.

This is the blood alcohol concentration, drinking, and so on at the time of the instant crime.