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 November 11, 2008, the Defendant received a summary order of KRW 2.5 million from the Jeonju District Court to a fine for a violation of the Road Traffic Act (driving) in the Jeonju District Court on April 30, 201, a summary order of KRW 2 million from a fine for a violation of the Road Traffic Act (driving) in the Jeonju District Court on April 30, 201, and a summary order of KRW 6 million from the Jeonju District Court on December 21, 2015, respectively.

Nevertheless, at around 21:05 on May 21, 2020, the Defendant driven a car in F A-W test under the influence of alcohol concentration of about 0.05 km without a car driver’s license from the front of the road located in B of the Jeonju-gun to the front of the E-Wing Association located in D.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses, reports on circumstantial statements of driving drivers, and notification of the results of the control of drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order statutes;

1. Selection of imprisonment with prison labor for an optional concurrent crime under Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, or Articles 40 and 50 of the same 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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the defendant has been punished four times due to drunk driving and has been revoked his driver's license, and it is necessary to make an appropriate strict punishment.

However, there are extenuating circumstances, such as the fact that blood alcohol concentration is not high and the distance of driving is shorter, that there is no record of punishment except four times a fine due to driving under the influence of alcohol, that there is no record of punishment, and that the defendant is making another person not to drive under the influence of alcohol or without a license again while seriously against the repeated driving of alcohol.

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