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

[Criminal Power] On April 18, 2014, the Defendant was issued a summary order of KRW 3 million at the Daegu District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 20, 2019, at around 00:22, the Defendant driven a fabur XD car with alcohol concentration of about 400 meters from the front of the C cafeteria located in the Gu and America to the front of E in the Gu and America, without obtaining a driver's license.

Accordingly, the Defendant violated the duty of prohibition on driving at least twice under the influence of alcohol, and at the same time, operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, field photographs, results of the crackdown on drinking driving, photographs of CCTV for crime prevention, the ledger of driver's license (A), and details of the disposition on the cancellation of driver's license;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;

1. Relevant legal provisions concerning the facts of crime, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of applicable sentences under law: Two to five years of imprisonment;

2. Application of the sentencing criteria: Not set;

3. In light of the fact that the Defendant was sentenced to punishment for the same kind of crime, and the Defendant committed the instant crime of drinking alcohol again even though his driver’s license was revoked due to drinking driving in 2014 as stated in the previous conviction, it appears that there was no urgent circumstance for the Defendant to have driven, and that the Defendant seems to have been seriously aware of drinking in the train to the extent that he would have done so.