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 October 16, 2007, the Defendant received a summary order of a fine of KRW 3 million from the Jung-gu District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】 On May 20, 2020, at around 20:48, the Defendant driven a DNA system under the influence of alcohol with a blood alcohol concentration of about 0.096% without obtaining a driver’s license from around 1.5 km section from the front of Gyeonggi-gun, Gyeonggi-do, and around 20:50 on the same day to the front of Gyeonggi-gun C.

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. Legal statement, report on the occurrence of a traffic accident, and site photograph of the accident;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Application of the Criminal Records, etc. of driver's license registers, and the Acts and subordinate statutes governing the verification of records of drinking driving;

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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

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 is that the defendant was punished for the violation of the Road Traffic Act (driving) around 2007 and each of the violation of the Road Traffic Act (Driving without a license) around 201 and around 2011, and again committed the crime of this case.

There are many kinds of records that the defendant was punished for committing a crime of different types.

Considering the fact that the defendant shows an attitude against the defendant to not repeat the crime, the records and arguments of this case, such as the age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., are shown.