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

[criminal power] On January 19, 2018, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch Branch on January 19, 201, and a summary order of KRW 5 million as a fine in the same court on August 26, 2019, respectively.

【Criminal Facts】

On July 8, 2020, at around 02:35, the Defendant driven a D low-priced car from around 100 meters away from the front side of the common road in Ansan-si to the same Gu C parking lot without obtaining a driver's license, with a blood alcohol level of 0.182%.

Accordingly, the defendant violated the prohibition clause of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of the drinking driving control and the record of respiratory measurement;

1. Detailed details of driver's licenses and the register of driver's licenses (A);

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (Attachment to a summary order of the same kind of power), and application of two Acts and subordinate statutes attached to the 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of 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. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he was sentenced to a fine due to drinking driving, as stated in the judgment, has driven a vehicle without a license in the state of drinking, and there is a need for strict punishment.

However, considering the fact that the defendant suffers from low blood pressure and urology, etc., the health conditions of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. are not good, and all of the sentencing conditions shown in the argument of this case, such as the driving and detection of alcohol, driving distance, driving distance, and other factors.