A defendant shall be punished by imprisonment for a term of one year and two 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

On March 21, 2017, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Gwangju District Court’s Netcheon Branch on March 21, 2017, and was sentenced to a fine of KRW 6 million by the same court on November 26, 2019.

On March 20, 2020, at around 03:10 on March 20, 2020, the Defendant driven Cho-do under the influence of alcohol concentration of approximately 0.077% without obtaining a driver’s license from the section of approximately 1km to the front road of the Seo-gu Daejeon, Seo-gu.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, operated without a license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, summary orders, and application of statutes governing judgment;

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. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

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 of the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2011Do1248, Apr. 1, 2011; Supreme Court Decision 201Do1248, Apr. 2, 2011);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;