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 December 23, 2011, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act, etc. at the Sungwon District Court's Sung-nam branch on December 23, 201, and on June 21, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On May 15, 2020, the Defendant: (a) around 22:33, on the road in Gwangju City, driven a motor vehicle from the front of the Csung Party in Gwangju City to the front road in Gwangju City, without obtaining a driver’s license from approximately 200 meters section, and was under the influence of alcohol concentration of about 0.144%, while under the influence of alcohol.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant’s legal statement, reports on the state of his driving under the influence of alcohol, reports on the results of the control of his driving under the influence of alcohol, reports on the state of his driving, and previous records on the judgment of his driver’s license for next time: Criminal records, return on inquiry, summary order, and application of 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. 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 include the fact that the defendant was punished for drunk driving, the risk of drunk driving and the necessity of punishment, the degree and distance of drunk driving, the fact that the defendant recognizes and reflects the crime, the fact that the defendant was engaged in drunk driving for mobile parking, and other circumstances shown in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., and the sentencing conditions as prescribed in Article 51 of the Criminal Act,