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

[Criminal Power] On January 24, 2019, the Defendant received a summary order of KRW 7 million from the Gwangju District Court to a fine for the violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant had a record of violating the prohibition on drunk driving, the Defendant driven D vehicles at approximately 8km from the front side of the building in the Seo-gu, Seoan-gu, Seoan City to the front side of the Gasan City without a driver’s license at approximately 0.136% of alcohol level around 03:40 on September 13, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

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. Consideration of the fact that community service or an order to attend a lecture is subject to punishment for the reasons of sentencing under Article 62-2 of the Criminal Act and re-driving for drinking again within one year, the blood alcohol concentration is very high, and there is no penalty power exceeding a fine;