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

[Criminal Records] On November 19, 2019, the Defendant received a summary order of KRW 6 million as a crime of violating Road Traffic Act (driving) at the Jeonju District Court.

[2] On July 14, 2020, the Defendant driven BM520 automobiles under the influence of alcohol level of about 0.077% while under the influence of alcohol level without obtaining a driver's license from the front line of the main point where it is impossible to identify the trade name located in the center of Hongsan-gu Seoul Special Metropolitan City on July 14, 2020, from the front line of the main point where it is impossible to identify, to the front road of the 10km-ro 10km-ro in the same Gu.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and simultaneously driven a motor vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation (Attachment to a summary order of a suspect), and application of statutes after inquiring about criminal history;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving) concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following grounds shall be repeatedly considered for the reason of sentencing):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, occupation, sex, family relationship, and the conditions of sentencing as shown in the trial process and records, including the circumstances before and after the crime.

On July 14, 2020, when one year has not passed since the defendant was punished as a crime of violating the Road Traffic Act (drinking), the defendant committed another crime of this case. The society of drinking driving is social.