However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

【The Defendant was issued a summary order of a fine of eight million won for a crime of violating road traffic laws in the Hongsung Branch of the Daejeon District Court on July 24, 2014. On March 16, 2016, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution for the same crime in the same court on March 16, 2016, and was sentenced to two years of suspended execution on the same day on the 24th day of the same month.

【Criminal facts】 On April 30, 2018, the Defendant driven C Poter truck with alcohol content of about 500 meters at approximately 0.070 meters from the road in front of the Eup/Myeon budget Eup located in the Chungcheongnam-gun budget, to the road in front of the budget culture center located in the same Eup/Myeon without obtaining a driver’s license, while under the influence of alcohol content of 0.070%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, copy of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Traffic Act of a road with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances that can be seen as the reason for sentencing) was that the Defendant had been convicted of having been convicted of a four-way driver’s license and five-way driver’s license since 2007. Accordingly, the Defendant committed a second offense only in one month after the expiration of the period of suspended sentence of imprisonment.

In principle, it is inevitable to punish the defendant who habitually repeats drinking and unlicensed driving without drinking without drinking even in the repeated punishment and the warning of the law, but there is no record of punishment as a sentence of imprisonment with prison labor.