A defendant shall be punished by imprisonment for not less than eight months.

except that 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 December 11, 2006, the Defendant received a summary order of KRW 2 million for the violation of the Road Traffic Act (driving) due to the violation of the Road Traffic Act, etc. on November 14, 2012, a summary order of KRW 3 million by the same court due to the same crime, etc. on November 14, 2012, and a summary order of KRW 5 million by the same court on September 21, 2017, respectively.

On February 22, 2019, at around 19:20, the Defendant driven B Poter Cargo Vehicles with a blood alcohol concentration of about 0.209% without obtaining a driver's license from the front side of each mountain ginseng distance in the B B Poter under the influence of alcohol level of about 1.5 km from the front side of the North Cheong-gun, the Gyeong-gun, the Gyeong-dong, the 4561, to the front side of the 4561 Military Police Center.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, notification of the results of the control of drinking driving, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry records, and summary order three-yearly 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 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with 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. The confession of the defendant, the records of the same kind of punishment (one time of suspended execution, four times of fines), the degree of the principal custody, the driving distance, etc. of the reasons for the suspended sentence under Article 62(1) of the Criminal Act shall be considered