A defendant shall be punished by imprisonment 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 June 19, 2007, the defendant was issued a summary order of 500,000 won for the crime of violation of the Road Traffic Act in the Gwangju District Court's net support on June 19, 2007, and on September 4, 2018, the defendant was issued a summary order of 4 million won for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 14:40 on April 20, 2019, the Defendant driven an Eco-car without a driver’s license, while under the influence of alcohol content of 0.081% from the C cafeteria, located in the Danung-gun B to the D Do road of the same military branch.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), and Article 152 subparagraph 1, and Article 43 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) 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. Selection and punishment of imprisonment at once, taking into account the defendant's records of punishment for driving without a license for drinking alcohol and the distance between punishment records, etc. for sentencing of Article 62-2 of the Criminal Act, and the punishment shall be imposed as ordered by taking into account the following factors: the degree of imprisonment exceeding the fine; the degree and place of blood alcohol concentration; the background leading up to driving without a license for drinking alcohol; the distance and place of accident; the occurrence of accident; the defendant's age, character and behavior; the environment; the circumstances after the crime, etc.