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

[criminal power] On June 11, 2019, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court on two occasions in total.

【Criminal Facts】

At around 10:00 on July 29, 2019, the Defendant driven an EVL125 Z motor vehicle without obtaining a license for a motor vehicle, while under the influence of alcohol level of about 0.207% from the 5km section from the front of the residence in Heung-gun, Seoul to the rear vacanter of the Diplomatic Association in C.

As a result, the defendant has violated the duty of prohibition of drinking driving more than twice, and at the same time, he has driven a motorcycle not covered by mandatory insurance without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses and mandatory insurance;

1. A traffic accident report, an investigation report, an investigation record, and F's statement on the occurrence of a traffic accident;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 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 reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is an offense that may cause serious harm to unspecified persons, and the social risk is considerably high, and the defendant has been punished for drinking driving.