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

On October 7, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and on November 9, 2018, the same court issued a summary order of KRW 3 million as a fine for the same crime.

On January 13, 2020, at around 23:30, the Defendant driven C truck under the influence of alcohol content of 0.114% without obtaining a driver’s license from the section of about 10km from the front of the elderly center in the Chungcheongnam-gun, Chungcheongnam-do to the new intersection in the same military pentan-ri. In addition, the Defendant driven C truck under the influence of alcohol content of about 0.114% without obtaining a driving license.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (attached to summary orders issued on the same attached military unit);

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 Defendant had the same criminal record (three times of sound driving, one time of unlicensed driving) and committed the instant crime again, even though he had the same criminal record in sentencing Article 62-2 of the Criminal Act.

The fact that the defendant's mistakes and reflects his own mistake, and that there is no criminal record of the suspension of the execution of imprisonment or more severe punishment is considered in favor of the defendant.

In addition, the defendant's age, character and conduct, criminal records, environment, circumstances, and circumstances after committing the crime, etc. shall be comprehensively considered to determine the punishment as ordered.