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

On October 9, 2006, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act by the Gwangju District Court. On September 30, 2010, the Defendant was sentenced to a fine of KRW 7 million for a crime of violation of the Road Traffic Act. On December 13, 2011, the same court was issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act.

On May 24, 2020, the Defendant, without obtaining a driver's license on May 24, 2020, driven a MF3 car from approximately 150 meters from the front of the road in C in D to the front road in D while under the influence of alcohol of 0.066%.

As a result, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. The register of driver's licenses for notification on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, each summary order, and application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the 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 reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant again committed the instant crime even though he/she was punished three times due to drinking alcohol driving or refusing to measure drinking, and the Defendant is punished for a long-term unauthorized driving without a driver’s license, etc. without obtaining the driver’s license, and thus, the Defendant is sentenced to imprisonment with labor.

However, it is between recent years of drinking driving and the date of the crime of this case.