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

On April 25, 2008, the Defendant received a summary order of KRW 1 million as a violation of the Road Traffic Act (driving) from the Busan District Court Branch Branch on April 25, 2008, and a summary order of KRW 4 million as a fine violation of the same Act in the same court on August 6, 2018, respectively.

Nevertheless, at around 05:30 on May 25, 2019, the Defendant driven a EKamine vehicle under the influence of alcohol concentration of 0.119% without obtaining a driver's license in approximately 300 meters from the apartment parking lot B in Kimpo-si, Kimpo-si to the road in C, and from the 300-meter road in the Dropo-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In view of the fact that the Defendant again committed the instant crime despite the fact that the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or the Order of Community Service had the record of being punished for the same crime, and the blood alcohol concentration of the instant case reaches 0.119%, the Defendant’s liability for the instant crime is not minor.

However, the fact that the defendant recognizes the crime and reflects it, the content of the same criminal records, and