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 December 23, 2014, the Defendant was issued a summary order of KRW 2.5 million by the Gwangju District Court due to the crime of violation of the Road Traffic Act.

On May 28, 2020, the Defendant, without obtaining a driver’s license on May 15, 2020, driven a fwing and driver’s license from the front parking lot of the cafeteria C cafeteria located in the Gero-Gun, 0.035% of alcohol level, at approximately 15 km to the front road of the E gas station located in the Gero-Gun.

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. Defendant's legal statement;

1. The register of driver's licenses for motor vehicles reported on traffic accidents and reports on the control of drinking and driving;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related 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 facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant is a non-licensed driving at the time of drunk driving even though he/she was punished once or twice due to drunk driving.

In other words, the Defendant committed the instant crime, and the Defendant, even without obtaining a driver’s license, has weak the Defendant’s compliance intent, such as holding the instant vehicle and subscribing to the insurance policy, and thus, sentenced the Defendant to imprisonment.

However, there is a somewhat time interval between the defendant's previous record of drinking and the date of the crime in this case, the drinking water in this case is low, and the defendant is punished by imprisonment with prison labor or more.