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

On April 30, 2008, the Defendant issued, respectively, a summary order of KRW 2 million at the Daegu District Court on April 30, 2008, by a fine of KRW 2 million due to a violation of the Road Traffic Act (driving), by the same court on January 7, 2010, a fine of KRW 4 million due to the same crime, etc., and by the same court on October 31, 2014, respectively.

Nevertheless, at around 19:45 on August 24, 2019, the Defendant driven a Fpoter II cargo vehicle under the influence of alcohol concentration of 0.083% without obtaining a driver’s license in approximately 800 meters from the front of the “C” to the front road in D, Hong-gun, Hongsung-gun, and without obtaining a driver’s license.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously driven a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, report on the occurrence of traffic accidents, report on the actual condition of traffic accidents, and the register of driver's licenses;

1. A photograph of a CCTV closure;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (former and current 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. Probation and community service order and order to attend a lecture under Article 62-2 of the Criminal Act, after considering the following circumstances, Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and various conditions of sentencing as ordered.

Unfavorable circumstances: Re-driving and non-licenseing while the license was revoked due to drinking driving, and the nature of the crime is poor in light of the content of the crime.

The driving of drinking and non-licenseed driving has already been made several times.