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

1. On May 17, 2019, at around 04:13, the Defendant: (a) driven a vehicle owned by the Defendant under the influence of alcohol of 0.109% of alcohol level 0.109%, without obtaining a driver’s license, from the 1km section from the Gyeonggi-gun Belel to the roads front of the D convenience store located in C; (b) around 1km, the Defendant driven a vehicle under the influence of alcohol level 0.109%.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act as the holder of the EK3 vehicle that was not covered by mandatory insurance, and operated the said vehicle at the time and place specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant Act on criminal facts: Article 148-2 (2) 2, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, despite the fact that the defendant had been punished for drunk driving in 2018, again commits the crime of this case, the same criminal record is the recent criminal record of the defendant, the blood alcohol concentration of the defendant, the defendant has no criminal record exceeding a fine, and the defendant's age, character, conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered