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

[criminal history] On June 28, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic law at the Daegu District Court on the summary order, and on August 29, 2013, a fine of KRW 5 million for a crime of violating road traffic law in the Daegu District Court Kim Jong-cheon, respectively.

[2] Notwithstanding the fact that the Defendant had a driving force of drinking not less than twice, on January 1, 2018, operated B Poter cargo vehicles at a distance of about 500 meters from the front of the “Nan-si” road located on the upper side of Kimhae-si without obtaining a driver’s license under the influence of alcohol content of 0.138% from the blood transfusion around 20:40 on January 1, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of any violation of traffic laws on roads, report on the circumstances of the drivers of such driving, investigation report (report on the circumstances of the drivers of such driving), notification of the results of regulating the driving of drinking, and the register of drivers' licenses;

1. Previous conviction in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a copy of the previous summary order attached thereto);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the Defendant committed the instant crime without being aware of the history of being punished five times due to drinking driving and unlicensed driving.

Not only the alcohol concentration (0.138%) in blood was considerably high, but also the situation in which normal driving was impossible such as the Defendant throw away the vehicle while leaving the vehicle into the ditch.

However, the Defendant recognized the instant crime and did not interfere with the same mistake.

A person who has been punished by a fine for the same crime.