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 April 11, 2019, the Defendant was sentenced to a fine of KRW 6 million for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On November 15, 2019, at around 13:54, the Defendant driven a Crenby car without obtaining a driver's license in the section of about 2 km from the inn city B to the front road of the dead forest intersection, and under the influence of alcohol concentration of about 0.116%, under the influence of alcohol.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records as the suspect);

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. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

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 (limited to the previous case and three times, but not exceeding the fine, etc.);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;