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 December 19, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Gwangju metropolitan District Court's support on December 19, 2008. On May 12, 2011, the Defendant was sentenced to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act (driving) in the Gwangju metropolitan District Court's support.

【Criminal Facts】

On November 1, 2019, at around 15:18, the Defendant driven C truck under the influence of alcohol of about 0.094% of alcohol alcohol level without obtaining a driver’s license at a distance of about 5 km from front of the bus platform in the Yari-ri, Yanam-gun, Jeonnam-do to front B, Jeonnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

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

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry report, one copy of judgment, and application of Acts and subordinate statutes of one 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 Defendant, with the reason of sentencing Article 62-2 of the Criminal Act, committed the instant crime even though he had been punished three times for the same crime.

Although the driver's license was revoked in 2009, the Defendant continues to commit the crime without a license, and the blood alcohol concentration (0.094%) at the time was not lowered.

At the time, the defendant was also likely to have been high in the danger of the accident because he was driving a motor vehicle with a glag.

However, the fact that the defendant's mistake is recognized, the defendant has no record of punishment heavier than the fine, and there is no record of criminal punishment since 201, and the defendant's age, character and conduct, environment, motive and means of the crime.