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 January 2, 2018, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act by the Incheon District Court.

【Criminal Facts】

On August 12, 2019, the Defendant driven a D SP car under the influence of alcohol concentration of 0.078% without obtaining a driver's license on the front of the C Hospital located in Seo-gu Incheon, Seo-gu, Incheon.

Accordingly, the Defendant, without a driver's license, driven a motor vehicle while under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, confirmation of the same criminal records as the suspect, and application of one copy of summary order Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act: (a) a traffic accident causing personal injury while driving a motor vehicle in 2017 when the driver’s license was revoked, and thus, there is a high possibility of criticism by driving the motor vehicle while driving the motor vehicle under the influence of alcohol; (b) a need for punishment in consideration of the social harm of the motor vehicle driving; (c) so, choice of imprisonment is granted; (d) the blood alcohol level measured at the time of detection is relatively high; (e) the degree of blood alcohol level at the time of detection is not relatively high; (e) a traffic accident due to the driver’s license without the driver’s license of this case does not occur; and (e) an order to attend education is imposed while suspending the execution of imprisonment within the range of the applicable sentence, which has been reduced by taking into account favorable circumstances, such