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

On April 29, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and on March 8, 2019, the Defendant was issued a summary order of KRW 5 million for the same crime at the same court.

On December 9, 2019, the Defendant, without obtaining a driver’s license at around 04:19, driven an E golf car at approximately 150 meters from the front day of Seodaemun-gu Seoul, to the front day of D in the same Gu C, while under the influence of alcohol with a blood alcohol concentration of 0.080%.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, operated without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the circumstantial statements, investigation report, and notification of the results of drinking drivers;

1. Registers of driver's licenses;

1. Records of judgment: Application of criminal records, inquiry and Acts and subordinate statutes;

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 the 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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is deemed to have a record of driving under drinking, and the criminal defendant whose driver's license was revoked on November 13, 2018, and the nature of the crime is not exceptionally applied.

The Defendant has already been punished for three times due to driving without a license, etc., and two times due to driving without a license, etc., and the Defendant committed the instant crime for which one year has not passed since he was punished for driving without a license in March 2019, and there is a lot of possibility of criticism in that he committed the instant crime.

However, the defendant recognized the crime of this case and divided his mistake, and there is no record that the defendant has been punished for the suspension of execution or more.