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

[criminal power] On April 22, 2013, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act in the Daegu District Court and the same court on July 2, 2015, respectively.

【Criminal Facts】

1. On August 22, 2018, at around 22:15, the Defendant: (a) discovered that the key of the E1 ton cargo vehicle owned by the victim D, parked in front of the “Cjun store” located in the racing-si B, and (b) moved approximately 353 meters after driving the said cargo vehicle to G in F at the time of racing and moving to the road.

Accordingly, the defendant used his automobile temporarily without the consent of the victim.

2. The Defendant was driving a 1 ton cargo vehicle E without obtaining a driver’s license at the time, place, and under the influence of alcohol concentration of 0.161% under the influence of alcohol, at the time and place stated in paragraph (1) of this Article.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the provision of prohibition of drinking under the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of D police statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. An inquiry report, such as a criminal history;

1. Investigation Report (Confirmation of the same kind of power) - Application of each of the Acts and subordinate statutes in one copy of the judgment;

1. Relevant legal provisions concerning facts constituting an offense, Article 31-2 of the Criminal Act, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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