A defendant shall be punished by imprisonment for not less than eight 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 May 20, 2005, the Defendant received a summary order of KRW 2 million from the Busan District Court to a fine of KRW 2 million for a crime of violation of the Road Traffic Act, on April 29, 2010, a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (driving) from the Yeongdeungpo Branch of the Daegu District Court, and on July 26, 2013, a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for a crime of violation of the Road Traffic Act (driving) from the Yeongdeungpo Branch of the Daegu District Court.

On January 20, 2019, at around 17:45, the Defendant driven a Dpoter II cargo vehicle with approximately 10 meters alcohol concentration of 0.096% while under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the occurrence of a traffic accident, report on the results of the control of drinking and driving, report on the circumstantial statements of a drinking driver, report on the actual situation, inspection report on the vehicle, and register of driver's licenses;

1. Each photograph;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (report on the confirmation of the same kind of power) and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

(b)bed;