A defendant shall be punished by imprisonment for a term of one year and two 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 March 8, 2017, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million with a penalty of violation of the Road Traffic Act at the Changwon District Court on August 8, 2011 and a summary order of KRW 1.5 million with a penalty of violation of the Road Traffic Act at the Changwon District Court on August 8, 201.

【Criminal Facts】

On July 23, 2019, the Defendant, as a person with the power of violating the prohibition of driving under the influence of alcohol, driven the EM6 vehicle under the influence of alcohol without obtaining a driver’s license from a section of about 80 meters from the front of the B apartment at macro-si to D in the front of the C at macro-si, and without obtaining a driver’s license from a section of about 0.132% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous convictions in judgment: Investigation report (verification of the same kind of power) and application of Acts and subordinate statutes of the summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment by law: Imprisonment with prison labor for one year to two years; and

2. Setting the sentencing criteria not;

3. Determination of sentence: Determination of sentence: Imprisonment with prison labor for one year and two months, suspended execution for two years (40 hours of social service, 40 hours of attending the compliance driving course), blood alcohol concentration, the details and distance from driving, the defendant's previous records (two times of fine for sound driving), and other various circumstances revealed in the trial process of this case, including the defendant's age, character and behavior, environment, and family relationship, shall be determined as the same as the disposition;