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

[Power of violation of Article 44(1) of the Road Traffic Act] On June 20, 2013, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court for a crime of violation of the Road Traffic Act, and KRW 4 million by the same court on December 23, 2016.

【Criminal Facts】

On April 27, 2020, the Defendant, without obtaining a driver’s license at around 21:40 on April 27, 2020, driven a fly car at approximately 1km from the front side of the CUnion warehouse located in the Jeonnam-gun, 0.09% of alcohol level, to the front side of the Ecafeteria located in the same Gun D.

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. Report on the results of the drinking driving control, and the register of driver's licenses made after drinking driving control;

1. Previous records: The application of criminal records, inquiry 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 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 Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, committed the instant crime again even if he/she was punished twice due to a drunk driving in violation of Article 44(1) of the Road Traffic Act and once due to a previous drunk driving, and the period of the instant crime is not high time interval between the previous conviction and the date of the instant crime. Since the Defendant’s intent to observe the law is weak, such as maintaining a state of license without license after revocation in 2017 and registering the instant vehicle in 2019, the Defendant shall be sentenced to imprisonment.

However, the defendant is recently present.