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 January 28, 2011, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act in the Gwangju District Court’s net support on January 28, 201, and a fine of KRW 3 million for a violation of the Road Traffic Act in the Gwangju District Court’s net support on March 13, 2018.

【Criminal Facts】

On April 24, 2019, at around 22:35, the Defendant driven a FM5 vehicle while under the influence of alcohol with 0.082% alcohol concentration without obtaining a driver's license in the section of approximately 50 meters from C to E in the front of E located in Goung-gun, Goung-gun.

Accordingly, the defendant, who violated the prohibition of drinking driving twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The ledger of driver's licenses, the results of crackdown on drinking driving, and the report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to the same criminal records), and application of two copies of written judgments;

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. 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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant has a record of criminal punishment for the same kind of crime several times, and the defendant's age, character and conduct, environment, health conditions, motive and consequence of the crime, circumstances after the crime, etc. shall be determined as the order, taking into consideration the various conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and behavior, environment, health conditions, motive and consequence of