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

On May 7, 2007, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Ulsan District Court, and a summary order of KRW 2 million as a fine in the same court on March 14, 2019.

On November 30, 2019, at around 22:50, the Defendant driven a vehicle from a hospital in Ulsan-gu B to the front of the building in Jung-gu, Jung-gu, Seoul-gu without obtaining a driver's license with a blood alcohol concentration of approximately 0.115% in the section of approximately 1km from the section of approximately 1km to the road in front of the building in Jung-gu.

In this respect, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Inquiry reports, such as criminal records, investigation reports (verification of the same kind of power), and the application of statutes on drinking driving power (3 times);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

D. Unfavorable circumstances: the defendant was issued a summary order for a crime of driving under the influence of alcohol, and the defendant committed the crime of driving under the influence of alcohol and without a license. In light of the social harm and danger of drinking driving, the nature of the crime is very heavy and the possibility of criticism is high, and the degree of blood alcohol concentration is high.