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, 2013, the Defendant was sentenced to a fine of KRW 4 million for a crime of violation of the Road Traffic Act (driving) in Changwon District Court (hereinafter referred to as Changwon District Court) and a fine of KRW 1.5 million for the same crime in the same court on September 29, 2016.

【Criminal Facts】

At around 15:40 on January 4, 2020, the Defendant driven a DNA car with a blood alcohol concentration of 0.093% while under the influence of alcohol without obtaining a driving license from around 300 meters to around C in a section of about 300 meters.

The Defendant driven a motor vehicle, etc. at least twice while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, photographs of training a traffic accident, ledger of driver's licenses, report on the state of a driver's license, investigation report (report on the state of a driver's license), inquiry into the results of the drinking driving control, and notification

1. Criminal records: Criminal records, reply reports on criminal records, amounts of dispositions, reporting on results of confirmation, and application of statutes of the judgment;

1. Relevant provisions of Article 148-2 (1) and 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 the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence like the Disposition shall be imposed in consideration of various circumstances, including the defendant’s age, character, conduct, occupation and environment, criminal records, motive, circumstances before and after the crime, the method and consequence of the crime, as well as the circumstances before and after the crime.

Unfavorable circumstances: Despite the fact that there was a record of multiple penalties for the same kind of crime.