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

On October 21, 2016, the Defendant issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on October 21, 2016; on February 10, 2017, a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on February 10, 2017; and on two or more occasions, a person who has been punished for a violation of the Road Traffic Act (driving).

On June 6, 2019, at around 00:57, the Defendant driven E-Poter Cargo Vehicles while under the influence of alcohol 0.124% of alcohol concentration, without obtaining a driving license from the front Do of the C Company located in Seo-gu, Seoan-gu, Seocheon-si B from about 3km to the front Do of the Asan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, investigation report (report on the state of drinking drivers), notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. License register;

1. On-site photographs;

1. Previous records before ruling: Application of two copies of criminal records, repeated statements, investigation reports (verification of the same kind of power), and summary order;

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. The sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture shall be determined as ordered in consideration of the following: (a) although the defendant had a history of criminal punishment on several occasions by drinking, driving without a license, driving without license, the drinking of this case, driving without license, high alcohol concentration in the blood of this case, and the fact that the defendant recognizes a crime, etc.