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 May 4, 2007, the Defendant received a summary order of KRW 500,000 from the Changwon District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, on December 13, 2010, a summary order of KRW 2,00,000 as a fine for the same crime in the same court, and on May 1, 2015, a summary order of KRW 5,00,000 as a fine of KRW 1,00 for the same crime.

【Criminal Facts】

B On May 5, 2019, the Defendant, the owner of the Cco-do motor vehicle, was driving the said motor vehicle, the mandatory insurance period of which expires as of July 18, 2018, without a vehicle driver’s license, at approximately 4 km section from the window of Changwon-si (hereinafter referred to as Changposi) to the D’s oil station in front of the D’s station located in the same Gu C from May 5, 2019.

As a result, the Defendant, who has violated the prohibition on drinking, was driving a motor vehicle under the influence of alcohol at the same time without a driver's license, and operated a motor vehicle not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. The credit bureau and the mandatory insurance association;

1. Previous convictions indicated in judgment: Application of three-minutes of criminal history records, and a copy of 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); Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 Criminal Code of the community service order is that the defendant has already been punished four times due to drunk driving, but he/she does so again.