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

On August 4, 2008, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on November 10, 2008, the Defendant received a summary order of KRW 2.5 million from the same court due to a violation of the Road Traffic Act (driving). On August 27, 2020, the Defendant was sentenced to a fine of KRW 8 million from the same court as the same crime.

On August 29, 2020, at around 05:20, the Defendant driven a C Track vehicle with blood alcohol concentration of 0.136% without obtaining a driver’s license from the front day of soup to the 642 Sinbuk-dong 642 of the same city north-dong and the Young River.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and simultaneously drive a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on inspection of the results of the crackdown on drinking driving, the register of driver's licenses, the disposal thereof and confirmation;

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 punishment as ordered shall be determined by taking into consideration all the circumstances revealed in the records, such as the circumstances under the reason of sentencing under Article 62-2 of the Criminal Act, such as the age, character and conduct, environment, and circumstances after the crime;

The circumstances at a disadvantage: not only the previous and four times but also the fine was imposed as a crime of violation of the Road Traffic Act (driving under the influence of alcohol), the fact that the instant crime was committed, the fact that the drinking alcohol is high, and the fact that the wind required for diving in the signal atmosphere resulted in a danger to road traffic: one's mistake is recognized and reflected.