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

[criminal power] On October 25, 2018, the Defendant received a summary order of KRW 5 million from the Gwangju District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on December 12, 2007, the same court issued a summary order of KRW 2 million for a fine of KRW 2 million for a violation of the Road Traffic Act.

【Criminal Facts】

On March 24, 2019, at around 13:46, the Defendant driven a done-km section from the front of the federal bamboo reservoir located in the king-si, king-si, to the front road of the C elementary school located in Naju-si B, without obtaining a driver's license, while under the influence of alcohol of 0.076% of the blood alcohol concentration.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act at least twice, once again drives a motor vehicle while under influence of alcohol in violation of Article 44 (1) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and report on the circumstances of the driving of a drinking house;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc. inquiry inquiry reports and application of each summary order statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Aggravation of concurrent crimes prescribed in Articles 40 and 50 of the Criminal Act (limited to the aggravated punishment for concurrent crimes resulting from a violation of the Road Traffic Act heavier than that of punishment, but to the extent that the sum of the long-term punishment for two crimes is aggregated);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is long, one of the defendants is not only the criminal records but also the criminal records stated in the judgment.