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 February 15, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court branch on February 15, 2007, and on September 28, 2012, the same court issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 27, 2019, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act twice or more, driven a Donb car from the road front of a restaurant located in Gyeongcheon-gun B, Gyeongcheon-gun to the parking lot located in 23 meters in the same Doncheon-gun, Mancheon-gun, Mancheon-ro, Mancheon-gun, Mancheon-gun, Man-do, without a vehicle driver’s license, while under the influence of alcohol by 0.144%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

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. 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. Although the reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has a record of being sentenced to three times a fine due to drunk driving, it is highly likely to be subject to criticism by drinking of this case and driving without a license.

Considering the fact that the blood alcohol concentration of the defendant was high at the time of crackdown and the danger of drinking driving, it is necessary to strictly punish the defendant.

However, the defendant's mistake is divided and reflected, and the defendant is the defendant.