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

[criminal power] On October 4, 2016, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) in the Jinwon District Court’s Jinju branch on October 4, 2016.

【Criminal Facts】

1. On August 31, 2019, the Defendant committed the crime, around 12:00 on August 31, 2019, driving a 1 ton cargo vehicle E, without a driver’s license, after passing through “D” on the roads in front of the Jin-si Village B from the roads in front of the said Village B from around 2km.

2. On September 1, 2019, the Defendant driven an above cargo vehicle under the influence of alcohol with a blood alcohol concentration of 0.05%, without a vehicle driver’s license, at a section of about 100 meters from the front road of Jinju-si to the front road of G around September 1, 2019, around 13:00.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes of the same kind as the suspect;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts of the crime (the point of running a sound driving) of the same Act;

1. Articles 40 and 50 (trade between the crimes of violation of the Road Traffic Act by September 1, 2019 and the crimes of violation of the Road Traffic Act by September 1, 2019) of the Commercial Concurrent Crimes Act; the punishment imposed on a more severe violation of the Road Traffic Act;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes of violating the Road Traffic Act with heavier penalty) ;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration and driving of the defendant at the time of driving under the influence of alcohol in this case.