However, the execution of the above punishment for three years from the date this judgment becomes final and conclusive.

On July 29, 2016, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the Changwon District Court Support on July 29, 2016; on November 9, 2017, the same court issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act; on February 14, 2020, the Defendant was sentenced to a suspended sentence of one year for a crime of violation of the Road Traffic Act at the Changwon District Court on February 14, 202.

Criminal facts

On January 20, 2020, the Defendant, without obtaining a driver’s license on January 15, 2020, driven a dwp straw freight vehicle at approximately five meters away from the 5m section of the 5m section of the road that was under the influence of 0.124% of the blood alcohol concentration.

As a result, the Defendant violated the prohibition of drunk driving without obtaining a driver's license, not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the report on the state of drinking drivers' state statement, the inquiry into the results of the control of drinking driving, the report on the state of drinking driving, the register of driver's licenses for automobiles, and the making of the car

1. Previous convictions indicated in judgment: Criminal history records, probationary records, results of confirmation before and after dispositions, copies of summary orders, and application of Acts and subordinate statutes reporting criminal investigations;

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 is that the Defendant had already been subjected to the suspended sentence on February 14, 2020 by this court as to the crime of drinking again under the condition that the criminal records of drinking driving exist four times.

(This Court 2019No3593 case, currently pending in the appellate court). The crime of drunk driving in this case was prosecuted by the defendant as the above 2019No3593 case.