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 June 24, 2008, the Defendant received a summary order of one million won for a violation of the Road Traffic Act (driving) from the Daejeon District Court. On November 29, 2008, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on November 29, 2008. On April 14, 2009, the Daejeon District Court received a summary order of three million won for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 22, 2018, at around 03:50, the Defendant driven D K5 car volume without obtaining a driving license from around 50 meters from the Daejeon Seo-gu public parking lot to the front of the same Gu C, while under the influence of alcohol 0.196% under the influence of alcohol.

Accordingly, the defendant, even though he had a record of punishment more than twice due to drinking driving, was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of, and the register of driver's licenses of motor vehicles;

1. Before ruling: Application of criminal records, inquiry reports, investigation reports (a summary order, etc. issued by a suspect) and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into consideration all the circumstances, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., in light of the following circumstances:

Unfavorable circumstances: A favorable circumstance is that there was a previous conviction subject to punishment due to drunk driving, but the driving of a motor vehicle is high in drinking, and the driving of the motor vehicle was carried on after the vehicle, and the driving of the motor vehicle was in a state of drinking to the extent of diving: A confession is made, and it is repented.