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

[criminal power] On December 2, 2013, the Defendant issued a fine of one million won at the Gangseo branch court of the Chuncheon District Court for a violation of the Road Traffic Act (driving). On April 10, 2015, the Defendant was issued a fine of four million won at the same court as the same crime.

【Criminal Facts】

1. Around 02:10 on May 12, 2019, the Defendant driven a motor vehicle under the DNA test with a distance of approximately 200 meters from the street of the orchard located in Gangnam-si B to the road in front of C, with a blood alcohol concentration of at least 0.05%.

As a result, the defendant was punished for drinking twice or more, and was driving again.

2. On May 12, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) around 00:00, at around 00, the Defendant driven a car in D, without a car driver’s license, a approximately 400-meter section from the front of the orchard C to the front of C at around 02:10 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Investigation report (on-site photographs and photographs of the person suspected of drinking alcohol);

1. An investigation report (to attach a copy of the closure of the portal site);

1. Investigation report (Examination of suspect's blood alcohol concentration);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, Etc.: Driving under the influence of alcohol as well as himself/herself.