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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On October 31, 2008, the Defendant issued a summary order of KRW 2 million as a fine for a crime of violation of the Road Traffic Act at the Gwangju District Court on the same day, and on December 21, 2017 at the same court, respectively.

【Criminal Facts】

Although the Defendant had been subject to criminal punishment for a violation of the Road Traffic Act, the Defendant again driven a motor vehicle at around 00:25 on January 29, 2020 without obtaining a driver’s license, and at around 0.104% of blood alcohol concentration, the Defendant driven a motor vehicle at approximately 5km from the Seo-gu Office located in Seo-gu, Seosungdong, Seo-gu, Gwangju to the front road of the building B under the same conditions as the former Standing Act.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, and Acts and subordinate statutes (report attached to the previous records and summary order);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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

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;

1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.