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 July 7, 2008, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Changwon District Court on July 7, 2008, and on June 3, 2016, the Defendant was issued a summary order of 4 million won by a fine for the same crime from the Changwon District Court Msan Branch on the same day.

On October 8, 2019, at around 06:40, the Defendant driven a F-learning car without a driver's license, while under the influence of alcohol concentration of approximately 0.102%, from the section of approximately 1km, to the front of the cafeteria located in the same Gu as the cafeteria in the front of the cafeteria B in Changwon-si, Changwon-si.

Accordingly, the defendant has driven a motor vehicle without the driver's license in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (verification of suspect's same kind of power, etc.);

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 provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the probation, order to attend lectures or order to provide community service;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The Defendant, who was sentenced to a sentence, was punished on five occasions (five times in 200, two times in 2004, two hundred8, and one time in 2016) by driving under influence of alcohol and one time in driving without a license (2009).

Of them, the year 204.