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

1. On September 23, 2016, the Defendant is a person who has been sentenced to imprisonment for ten months or more with prison labor for a violation of the Road Traffic Act, such as a violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on September 23, 201, and on June 29, 2010, the same court has received a summary order of two million won or more as a fine for a violation of the Road Traffic Act.

On December 1, 2018, around 01:47, the Defendant driven a D E-car at approximately 50 meters under the influence of alcohol concentration of 0.098%, while under the influence of alcohol level, on the roads in front of the c elementary school located in Gyeyang-gu, Ansan-si B.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license, and driving the E-car listed in paragraph 1 at approximately 50 meters without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking drivers;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and results of searching related cases;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (Driving) of the Road Traffic Act concerning facts constituting a crime, and Articles 152 (1) and 43 (Free Driver's License) (Appointment of Imprisonment), Article 148-2 (1) 1, Article 44

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and community service order shall be ruled as ordered by the court on the grounds of not less than Article 62-2 of the Criminal Act (Considering the fact that the accused has a previous conviction for the same kind of crime, the degree of alcohol concentration in blood, the circumstances of drunk driving, distance, etc.