A defendant shall be punished by imprisonment for six 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 27, 201, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tongwon District Court’s branch on October 27, 201, and on November 21, 201, the Defendant was issued a summary order of KRW 5 million for the same crime, etc.

【Criminal Facts】

As above, the Defendant, who violated the provision on the prohibition of driving under the influence of alcohol twice or more, driven a D-II cargo vehicle under the influence of alcohol content 0.071% under the influence of alcohol without obtaining a driver’s license, on May 3, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses (A);

1. Previous conviction: Application of two copies of summary order 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); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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. 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, such as probation, community service order and order to attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months;

2. Setting the sentencing criteria not;

3. Determination of sentence: The punishment shall be determined as ordered by the court, taking into comprehensive account six months of imprisonment, two years of suspended execution (40 hours of probation, community service, and 40 hours of attending a compliance driving course), the blood alcohol concentration recognized as a result of driving or non-licensed driving, the background leading to driving, the distance of driving, and other various circumstances revealed in the trial process of this case, such as the defendant's age, family relationship, environment, personality and conduct;