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

On September 2, 2016, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On January 17, 2020, at around 22:35, the Defendant driven a motor vehicle with low alcohol level of about 0.138% while under the influence of alcohol level from around 100 meters to the front of D located in the same Gu, the Defendant driven a motor vehicle with low blood alcohol level of about 100 meters.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. The register of driver's licenses;

1. Previous records of judgment: Criminal records, etc. and criminal investigation reports (verification of criminal records and investigation reports twice);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the same 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 reason for sentencing under Article 62-2 of the Criminal Act: (a) although the Defendant again committed the instant crime under the influence of a driver without a license even though he had previously been under the influence of drinking driving, the Defendant committed the instant crime in the course of moving a short distance after using an acting driving to avoid drinking driving; (b) the Defendant was not subject to imprisonment before being punished; and (c) his mistake is divided, the sentence as ordered shall be determined.