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

[criminal power] On January 22, 2014, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Daegu District Court’s port branch on January 22, 2014; a summary order of KRW 1.5 million for a fine for the same crime in the same court on December 23, 2015; and a summary order of KRW 6 million for a fine in the same court on June 15, 2018.

【Criminal Facts】

On April 20, 2019, the Defendant, without obtaining a driver’s license on April 20, 2019, driven a vehicle E in the direction of approximately 100 meters from the C alcohol house located in the north-gu, Gyeong-gu, Gyeong-si, Gyeong-si, B with a blood alcohol concentration of at least 0.066%.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, investigation reports (same type of power)- Application of Acts and subordinate statutes governing summary orders;

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. 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. Order to attend lectures under Article 62-2 of the Criminal Act;