A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On January 16, 2002, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on February 23, 2006, and a summary order of KRW 1.5 million for the same crime at the same court on February 23, 2006, respectively. On December 21, 2007, the Defendant was sentenced to a suspended sentence of KRW 1 million for a crime of violation of the Road Traffic Act (unlicensed Driving) in the same court on June 25, 2009, the summary order of KRW 1 million for a crime of violation of the Road Traffic Act was issued in the same court on June 8, 2010, the summary order of KRW 2 million for the same crime was issued in the same court on June 16, 201 and KRW 5 million for a fine of KRW 5 million on June 16, 2017.

【Criminal Facts】

On October 1, 2018, at around 03:05, the Defendant driven a DNA-type car without obtaining a driver's license from around 2.5km section from the front of the Hop House located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongbuk-gun, to the front of the Hap-gun, the Defendant driven a DNA-type car with a blood alcohol concentration of about 0.090% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Statement in the circumstances of an employee;

1. Investigation report of an employee driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. The Ba mark official data table;

1. Criminal records: Criminal records, reply reports (A), investigation reports (the same criminal records and confirmation of a suspect), - Application of judgment and summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The punishment shall be determined by taking into account the reasons for the sentencing of Article 62-2 of the Criminal Act, the background of the crime, blood alcohol concentration, the period of recidivism, the records of the crime, circumstances after the crime, and other sentencing conditions.