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

At around 22:20 on March 23, 2019, the Defendant driven a D New Flaun car at approximately 2 meters under the influence of alcohol level 0.240% without a driver’s license, while under the influence of alcohol level 0.240%.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Report on the results of crackdown on drinking driving and the register of driver's licenses;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 148-2 (2) 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. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of conditions favorable to the above defendant);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend school, is that the defendant drives a vehicle while under the influence of alcohol without a driver's license, and its nature and circumstances are not good, and the defendant's blood alcohol concentration is very high at the time, and the vehicle driver's license was revoked on or around October 2018 due to the previous drunk driving, and the crime of this case is not less severe, and the liability for the crime of this case is not less severe, even though there was the history of punishment for the same kind of crime, and the possibility of criticism is not small.