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

On April 5, 2007, the Defendant issued a summary order of KRW 500,000 as a crime of violation of the Road Traffic Act in Gwangju District Court's wooden branch on April 5, 2007, and was sentenced to a suspended sentence of KRW 2 years on August 24, 2007 for the same crime, and was sentenced to a fine of KRW 7 million on November 24, 2017.

On May 20, 2019, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a F Mtz vehicle from “C” in front of the Etz vehicle in D, while under the influence of alcohol of 0.089% with a blood alcohol content of 0.089%.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Copies of the driver's license ledger and the driver's license revocation statement;

1. Previous records: Application of criminal records, etc. and other 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 and enforced June 25, 2019); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;

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

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. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's repeated driving of drinking or non-driving license even though he/she has many records of punishment due to drinking or non-driving. Considering the criminal records of the defendant and the social risk of drinking driving, it is necessary to strictly punish the defendant.

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the records and arguments, such as the defendant's age, character and conduct, family relationship, etc., including the fact that the defendant reflects the error, the time interval, the degree of drinking, etc. between the existing crimes.