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 December 23, 2013, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 5, 2019, at around 21:44, the Defendant driven a Fran vehicle without obtaining a driver's license, in a section of approximately 600 meters of blood alcohol concentration of about 0.114%, from the front of the C cafeteria located in Ulsan-gu B to the front of the Edic Association located in D.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated a vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the circumstantial statements of drinking drivers, and the register of driver's licenses;

1. Application of Acts and subordinate statutes of one copy of a summary order, such as a criminal history report, investigation report, and 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;

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 reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) although the Defendant had a record of punishment for driving under the influence of alcohol, the Defendant again leads to drinking and driving without a license; (b) the nature of the instant crime committed by the Defendant in light of the social harm and danger of drinking driving; and (c) the possibility of criticism is not somewhat less than that of the crime; and (d) the degree of blood alcohol concentration is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized his criminal act against the wrongness, the distance of drinking and driving without a license is not long, the social relation of the defendant is high, and the crime of this case occurs within a relatively short period from the previous crime of drinking driving.