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

On May 10, 2010, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving), etc. by the Chuncheon District Court. On September 28, 2016, the Defendant was sentenced to imprisonment with prison labor for four months and two years suspended execution.

On May 28, 2018, the Defendant driven a motor vehicle with approximately 500 meters alcohol concentration at approximately 0.126% while under the influence of alcohol content at around 0.126%, from the front of the 6-stud restaurant, which is located in 615-9, Sejong-si, Sejong-si, the gold-si, the gold-si, 615-9, to the front road of the kindergarten affiliated with the Dong-si, Young-si, the Defendant driven a motor vehicle for Cschton without obtaining a driver’s license.

As a result, the Defendant, who violated the prohibition on drinking under the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of the prohibition on driving under the above alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of punishment: Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, is not only that the Defendant was punished several times due to drinking driving, but also that the Defendant committed the instant crime again in the period of suspension of execution due to drinking driving (at present, the period of suspension of execution has expired).

However, it seems that the defendant had committed the crime in depth during the period of detention up to three months, and the accident was caused by the crime of this case.