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

[Criminal Power] On March 27, 2019, the Defendant received a summary order of KRW 4 million as a violation of the Road Traffic Act (driving) at the Seoul Central District Court.

【Criminal Facts】

On January 26, 2020, the Defendant driven a DNA d's alcohol level of 0.160% under the influence of alcohol level without a motorcycle driver's license on the front side of the C-dong of Busan Building, Seocheon-si.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and simultaneously driven a motorcycle without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of the driver and report on the circumstances of the driver’s license;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. 112 Reporting case handling table; and

1. Stobane photographs, suspect Wearing photographs, and CCTV images to caps;

1. The register of driver's licenses (cancellationd on May 6, 2019), the register of teas, and mandatory insurance;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Criminal records, investigation reports (examination of criminal records, etc.), and application of summary order statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a sentence, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was sentenced to a fine of KRW 4 million for a drunk driving in March 2019, and a fine of KRW 1.5 million for a violation of the Driver’s License and Guarantee of Automobile Accident Compensation Act on July 2019, and was sentenced to a fine of KRW 1.5 million for a violation of the Act on Non-Exclusive Driving and Guarantee of Automobile Accident Compensation, and again committed the instant crime of drinking and Non-Exclusive Driving. Therefore, the risk of recidivism is highly high, and the blood alcohol content at the time of the instant crime is higher than 0.160%.