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

[criminal power] On October 19, 2007, the Defendant received a summary order of KRW 1 million from the Suwon District Court as a crime of violation of the Road Traffic Act (driving) at the Suwon District Court on January 6, 201, a fine of KRW 3 million from the Suwon District Court on January 6, 2014 to the same crime, and KRW 7 million from the same court on April 5, 2017 to the same crime.

【Criminal Facts】

On May 7, 2019, the Defendant driven an e300 car from around 500 meters away from the old road to the front road located in the same Gu C while he was drunk with a blood alcohol concentration of 0.123% without obtaining a driver's license on May 22, 2019.

As a result, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, drives a motor vehicle while under influence of alcohol in violation of this provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, investigation reports, reports on the previous records of each disposition, reports on the results of confirmation of the previous records of each disposition, and application of each statute of the judgment;

1. Relevant legal provisions concerning criminal facts: 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 (Unlicensed Driving)

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 suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act provides that even though a person has been sentenced three times to a fine due to the driving of a motor vehicle, he/she once again conducted driving and driving without obtaining a license for driving a motor vehicle, he/she shows his/her attitude of reflecting

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;