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

[criminal power] On September 22, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Busan District Court's branch court's Busan District Court's branch court's order on May 2, 2008, the summary order of KRW 1 million for the same crime from the Daegu District Court's and its branch court's support on May 2, 2008, and the summary order of KRW 5 million for the same crime at the Busan District Court's Busan District Court on May 2, 2016, respectively.

【Criminal Facts】

On May 9, 2019, the Defendant driven a motor vehicle at a level of about 100 meters with a blood alcohol concentration of about 0.086% at a section of about 100 meters from May 21, 2019 to the front road of the E community service center located in Ulsan-gu B without a driver’s license.

Accordingly, the defendant, who violated the prohibition on drinking under the Road Traffic Act not less than twice, drives a motor vehicle under the influence of alcohol again, and simultaneously drives a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and copies of each summary order issued under 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); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. Probation;