A defendant shall be punished by imprisonment for not more than ten 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 February 1, 2008, the Defendant received a summary order of KRW 700,000 from the Gwangju District Court to a fine of KRW 100,000 as a crime of violation of the Road Traffic Act, and on August 13, 2010, the same court received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act.

On June 5, 2019, at around 23:15, the Defendant driven a F-to-purd vehicle with a blood alcohol concentration of at least 0.126% while under the influence of alcohol without obtaining a driving license from around 100 meters from the front of the Cnoman bank located in Cnobya City B to the front of the Eju shop located in D.

Accordingly, the defendant, even though he had a power to drive a vehicle under the influence of alcohol not less than twice, was under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses;

1. Previous convictions in judgment: Application of inquiries, a copy of each summary order, and the Acts and subordinate statutes;

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 152 (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. Probation and community service order under Article 62-2 of the Criminal Act: The criminal records of the accused (the interval between the same kind of power and the previous penal power), the nature of each of the crimes in this case; the degree of the defendant's blood alcohol concentration at the time of driving in this case; the background of driving and control; the defendant's reflectivity at the time of driving in this case; and various sentencing conditions specified in the records and arguments, such as family relationship, shall be determined as the order.

It is so decided as per Disposition for the above reasons.