A defendant shall be punished by imprisonment for not more than ten 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 February 5, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on February 5, 2008, a summary order of KRW 700,000 as a fine for the same crime in the same court on August 1, 2008, and a summary order of KRW 7 million as a fine in the same court on November 6, 2018, respectively.

On May 14, 2019, the Defendant, without a driver’s license on May 14, 2019, driven a F typon car at approximately 30 meters from the front of the “C” in the net city B, while under the influence of alcohol of 0.117%, to the front of the “E” in D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the Acts and subordinate statutes;

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;

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. Probation and community service order Article 62-2 of the Criminal Act: The defendant's criminal records (the same type of force, the same kind of punishment records, etc.), the nature of each crime, the degree of the defendant's blood alcohol concentration at the time of driving of the instant case, the circumstances of the defendant's driving, driving distance, and reflectivity, and other various sentencing conditions specified in the records and arguments of the instant case shall be determined as the same sentence as the order.

It is so decided as per Disposition for the above reasons.