A defendant shall be punished by imprisonment with prison labor 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

[criminal power] On October 25, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the original state branch of the Chuncheon District Court, and on June 30, 2009, issued a summary order of KRW 1.5 million as a fine for the same crime.

【Criminal Facts】

1. On May 9, 2019, the Defendant violated the Road Traffic Act two times the provision on prohibition of drinking under the Road Traffic Act, and driven a Fpoter II cargo vehicle while under the influence of alcohol content of about 0.182% from the 1km section to the national highways of approximately 1km to D’s national highways located at the “C” parking lot located in Pyeongtaek-gun, Gangwon-do, which is located in Pyeongtaek-gun, Gangwon-do.

2. Around 18:00 on May 9, 2019, the Defendant driving a freight motor vehicle of Fpoter II without obtaining a driver’s license in the total section of about 4 km from around 19:5 to the national highways in D’, which is located in D, from the Defendant’s office located in Pyeongtaek-gun G, Gangwon-do, and around 19:55 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking control, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous records: Application of the Acts and subordinate statutes of inquiry reports and investigation reports (verification twice the sound-driven power);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 of the Road Traffic Act and Article 43 (1) 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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of punishment: Imprisonment with prison labor for a period of six months to one year and six months;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. The Defendant, without obtaining a license, has a blood alcohol concentration of 0.182%.