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

On January 29, 2016, the Defendant received a summary order of a fine of three million won or more due to a violation of the Road Traffic Act (driving) and a summary order of a fine of five million won or more due to a violation of the Road Traffic Act in the same court on November 23, 2018, respectively.

On March 19, 2019, at around 08:50 on March 19, 2019, the Defendant driven an FST5 vehicle without obtaining a driver’s license with a blood alcohol concentration of about 0.130% in approximately 200 meters from the C cafeteria located in D to the E preceding road.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the Road Traffic Act prohibition provisions.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Details of driver's license revocation;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of penalty: Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;