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 November 19, 2008, the Defendant was sentenced to a suspended sentence of four months by imprisonment for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on November 19, 2008. On October 5, 2018, the same court issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On March 29, 2019, the Defendant: (a) was a person who violated the duty of prohibition of driving under the influence of alcohol twice or more; (b) was driving a motor bicycle at the 100-meter section from the front side of the B office of Gungnam Development-gun to the front road of the “E Burial” located in D without a driver’s license, while under the influence of alcohol by 0.076% of alcohol concentration; and (c) was driving the F CITI 100 motorcycle at the 10-meter section.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate 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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant repeatedly drives the instant crime, such as committing the instant crime, despite the fact that the Defendant had been punished five times due to drinking or unlicensed driving, and that it seems that the continuation of drinking has not been improved, etc., is disadvantageous to the Defendant.

However, the fact that the defendant recognizes his mistake and reflects it, and that the defendant supports the old old old old old old old old old's mother without good health conditions.