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

[criminal power] On January 25, 2005, the Defendant issued a summary order of KRW 1 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act in the Gwangju metropolitan District Court's support on March 25, 2005, a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the same court on March 9, 2007, a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) in the same court on August 20, 207, and a summary order of KRW 5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving on drinking) in the Gwangju metropolitan District Court's support on August 26, 2014, respectively.

【Criminal Facts】

On July 11, 2019, at around 22:20, the Defendant driven an E-Poter 2 truck without obtaining a driver's license under the influence of alcohol level 0.278% from the front of the C convenience store in Jindo-gun, Jindo-gun to the front road D, and without obtaining a driving license under the influence of alcohol level 0.278%.

Summary of Evidence

1. Defendant's legal statement;

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

1. A internal investigation report (the details of detection of a driver);

1. Registers of driver's licenses;

1. On-site photographs;

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

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. 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 reason for sentencing of Article 62-2 of the Criminal Act on probation, community service order and order to attend a lecture, even though the Defendant had been punished six times due to drinking and driving without license, again committed the instant crime.

At the time of the defendant's blood alcohol concentration (0.278%) was very high, and at the time, the risk of the accident seems to have been high due to the defendant's stopping of the vehicle on the road at the time.

However, it is against the defendant's wrong, 2014.