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

[criminal power] On September 30, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court's branch on September 30, 201, and on May 27, 2011, the same court received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving). On November 26, 2014, the same court was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (driving) and was sentenced to a fine of KRW 9 million in the same court on January 27, 2016.

【Criminal Facts】

On September 25, 2020, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven the Ebbric vehicle in the influence of alcohol without a driver’s license at approximately 250 meters from a section of approximately 250 meters from the front side of the Gyeongnam Development-gun B to the front side of the D cafeteria located in C, and driven the Ebric vehicle without a driver’s license.

Summary of Evidence

1. The defendant's statutory statement, circumstantial statement, and the register of driver's licenses for notification as a result of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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 elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture: The defendant, while having been sentenced to a suspended sentence of imprisonment, was again sentenced to five times due to drinking or unlicensed driving, he/she had been driving a drinking or unlicensed driving on the same vehicle again, and the sentencing factors favorable to the fact that the blood alcohol concentration was very high at the time: the defendant committed the instant crime.