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

On August 18, 2014, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Chuncheon District Court, and on August 14, 2019, issued a summary order of KRW 5 million as a fine of KRW 5 million as the same crime. < Amended by Act No. 1683, Aug. 14, 2019>

Around 01:20 on January 31, 2020, the Defendant driven a E-high-speed car with a blood alcohol concentration of about 0.146% while under the influence of alcohol without obtaining a driver's license from around 500 meters in the section from around C, in the Government-si B to D, the Government-si.

As a result, the defendant violated the prohibition of drinking driving and drives a motor vehicle without obtaining a driver's license in the state of drinking in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the status of standing under the influence of alcohol drivers, investigation report, and report on the results of the control of drinking

1. Investigation reports (on-site situations, etc.), and site photographs;

1. Report on the current status of driving without a license, and the register of driver's licenses (A);

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A), investigation reports (Attachment of a copy of a summary order), and copies of summary order;

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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

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. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service or lecture attendance order;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. The Defendant was punished for a violation of the Road Traffic Act (driving) around 2014, and was punished on June 9, 2019.

(b).