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 March 5, 2007, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving under the influence of drinking), etc. on October 4, 2013, and sentenced to a fine of KRW 3,50,000 to a fine for a violation of the Road Traffic Act (driving under the influence of drinking under the influence of drinking under the influence of drinking under the influence of drinking under the influence of drinking under the jurisdiction of Sungwon District Court. On July 8, 2015, the Defendant received a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving under the influence

On June 6, 2019, at around 17:25, the Defendant driven a motor bicycle with approximately 200 meters alcohol concentration of about 0.223%, without obtaining a driver's license, from around the front of the drinking road in the Chungcheongnam-gun B market in Chungcheongnam-gun, Chungcheongnam-do to the front road in the Chungcheongnam-gun, Chungcheongnam-gun, Seocheon-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and the application of statutes governing judgment;

1. Article 148-2 (1) 1, Article 44 (1) (a point of sound driving), Article 154 subparagraph 2, and Article 43 (a) of the relevant Act on the Punishment of Criminal Crimes (amended by Act No. 16037, Dec. 24, 2018)

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

1. Selection of imprisonment;

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62 (1) of the Criminal Act ( repeatedly taking into account the favorable circumstances that are considered as the reasons for sentencing as follows);

1. In principle, a strict punishment is required in light of the unfavorable circumstances, such as the fact that a person committed a crime with high alcohol level with the high reason for sentencing under Article 62-2 of the Probation Criminal Act and the fact that there are many kinds of criminal records of the same kind (including three cases of drinking driving and five cases of driving without a license).

However, there is a direct damage to others due to the crime that reflects.