A defendant shall be punished by imprisonment for one year.

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

The defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act at the Changwon District Court's branch on October 13, 2010. On December 8, 2011, the defendant was sentenced to a suspended sentence of four months for the same crime of violation of the Road Traffic Act at the Changwon District Court's branch on December 8, 201.

【Criminal Facts】

On November 16, 2018, at around 16:40, the Defendant driven an Epoter two cargo vehicles with approximately 200 meters alcohol concentration of approximately 0.135% in a section of about 200 meters from the front of the D cafeteria located in G, Gyeong-gun, Gonam-gun.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

around 16:30 on March 2, 2019, the Defendant driven a e-mail vehicle without obtaining a driver's license in a section of about 10km from the front of the food planting plant located in the Kimhae-si in the same city, Jin-gu, Jin-gu to the right point of 135km (GG item (b)) on the south Sea Highway at the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of the Act and subordinate statutes to the ledger of driver's licenses (A, No. 35);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license) and the choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of adding up the maximum term of two crimes as provided for in the heavier Crimes of Violation of the Road Traffic Act);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. The scope of applicable sentences by law: Imprisonment for one year to four years; and

2. Non-application of the sentencing criteria;

3. Determination of sentence: Imprisonment; and