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 December 3, 2010, the Defendant issued a summary order of a fine of KRW 3.5 million at the Jung-gu District Court on December 3, 2010 to a fine of KRW 3.5 million, and a summary order of KRW 8 million at the same court on March 30, 2016, respectively, for the same crime.

Nevertheless, at around 18:35 on June 7, 2019, the Defendant driven a B rocketing car with approximately 1m section under the influence of alcohol concentration of 0.229% at the parking lot of the Japanese Library 1021, the 1021-Dong-dong, Seocheon-dong without a driver's license.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act at least twice, once again drives a motor vehicle while under influence of alcohol in violation of Article 44 (1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, references to criminal records, investigation reports (report on the binding of written judgments) 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 and enforced June 25, 2019); Article 152 (1) and Article 43 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. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order includes two times of imprisonment, including imprisonment for the same kind of crime, such as drinking and unlicensed driving, refusal of drinking, violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and violation of the Aggravated Punishment,

Nevertheless, while driving without a license, the blood alcohol concentration of 0.229% high, it also caused an accident that shocks parking pension fences.

However, the defendant commits a crime.