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

On March 3, 2017, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court as a crime of violation of the Road Traffic Act.

On June 30, 2019, the Defendant, without obtaining a driver’s license at around 02:30 on June 30, 2019, driven DNA car at approximately 100 meters from the Do in front of the Daegu Seo-gu B market to the front road of the same Gu under the influence of alcohol level of 0.095%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. 12 reported case handling table, respectively;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same criminal records as the suspect);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation is that there was a history of punishment for a new drinking driving for the last two years, and the social interest in eradicating harm caused by drinking driving is concentrated, but it is always unlicensed or drunk driving, and the degree of blood alcohol concentration exceeds the criteria for revocation of license, etc., and the risk of recidivism should be chosen as the crime is unlikely to be committed: Provided, That the punishment of imprisonment is not less than the previous imprisonment without prison labor, there are circumstances to consider driving circumstances at the time of drinking control, the execution of the punishment is suspended after a discretionary mitigation, taking into account the defendant's age and economic circumstances, and the strict management and supervision of the probation officer is necessary to prevent recidivism. It is so ordered as per Disposition on the grounds above.