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 May 29, 2015, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the Changwon District Court branch on the charge of violation of the Road Traffic Act. On June 22, 2017, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, driven D Poter cargo under the influence of alcohol concentration of about 0.122% without obtaining a driver’s license in a section of about 1km from March 22, 2019 to the air route in the same military flag, which is located in C front of the road located in Gyeongnam Development-gun, Gyeongnam Development-gun, Gyeongnam Development-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the results of the crackdown on drinking;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Previous convictions indicated in judgment: Application of two copies of the criminal history records, investigation report, summary order, and other Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include four times the Defendant, who was punished for drinking or unlicensed driving, and in particular, on June 22, 2017, the Defendant again committed the instant crime of drinking or unlicensed driving without being aware of the fact that he/she was sentenced to a summary order of KRW 3 million due to drinking or unlicensed driving on the same day, and the blood alcohol concentration is considerably high. Therefore, the Defendant needs to be punished strictly.

However, the fact that the defendant disposed of the vehicle, the fact that there is no criminal record exceeding the fine, etc. shall be considered as circumstances favorable to the defendant, and the age, character, environment and crime of the defendant.