A defendant shall be punished by imprisonment with prison labor 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 4, 2010, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act, a summary order of KRW 2.5 million for the same crime from the Changwon District Court Msan Branch on May 21, 2012, and a summary order of KRW 6 million from the same court on September 10, 2012 for the same crime, respectively.

【Criminal Facts】

On April 13, 2019, at around 00:24, the Defendant driven a Category D Laun vehicle without a driver’s license in the state of alcohol 0.152% of blood alcohol concentration from the front of the Masan-gu Masan-dong, Changwon-si to the front road of the C Elementary School located in the same Gu B.

As a result, the Defendant, who has violated the regulations on the prohibition of drinking, was driving a motor vehicle under the influence of alcohol at the same time without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Application of criminal records and copies of each summary order;

1. Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has already been punished three times due to drunk driving, and the driver's license was revoked due to the last drunk driving, resulting in the instant crime.

The blood alcohol concentration is also high.

On the other hand, the following circumstances should also be considered.

-the accused recognizes the facts of the offence and is against it;

-it did not cause specific harm to others;

-be in excess of fine;