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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 27, 2016, the defendant has a record of being sentenced to a summary order of a fine of three million won due to a violation of road traffic law in the Gwangju District Court's net order support on July 27, 2016.
On March 12, 2020, the Defendant driven a D-wing and Ⅲ truck under the influence of alcohol leveling 0.135% of 0.135% without obtaining a driver’s license from a section of about 15 km to the front road in which it is impossible to know the specific place from the 3rd-do C-si, Suncheon-si, Suncheon-si to the front road in which it is difficult to identify the specific place.
Accordingly, the defendant driving the above cargo vehicle without obtaining a driver's license, and violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;
1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment of any violation of the Road Traffic Act and any violation of the Road Traffic Act which are heavier between the crimes provided for in Articles 40 and 50 shall be imposed);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act shall apply to a person who has not committed any previous offense, other than
1. An order to attend a course under Article 62-2 of the Criminal Act;