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

[Criminal Power] Around February 11, 2020, the Defendant driven under the influence of alcohol with a blood alcohol concentration of 0.060%.

‘A summary order of KRW 3 million was issued by the Incheon District Court on July 21, 2020 due to a crime of violation of the Road Traffic Act(LA).

【Criminal Facts】

Nevertheless, at around 06:25 on June 9, 2020, the Defendant driven a D Blue car without a driver’s license, while under the influence of alcohol leveling 0.082% from around 2.7km to the front road of the same military branch, from around 06:25, the Defendant driven a D Blue car without a driver’s license.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Previous records of the defendant's legal statement, report on the results of drinking driving control, and previous records of his/her judgment on the ledger of driver's license: Application of Acts and subordinate statutes to criminal history records, investigation report (verification of the issuance, etc. of summary orders for

1. Article 148-2 (1), Article 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime (the point of driving without a license)

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures and the crime of drunk driving or unlicensed driving need to be punished for the sake of the risk of damaging the life and body of others as well as himself/herself.

The defendant not only has the record of punishment for drinking driving and driving without a license but also has the record of disposition of juvenile protection case due to a driving without a license.

On the other hand, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, and there is no penalty power exceeding the fine.