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 September 28, 2007, the Defendant was issued a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on November 17, 2014, and the Defendant was issued a summary order of a fine of four million won due to a violation of the Road Traffic Act (driving) at the same support on November 17, 2014, and on March 27, 2015, the Defendant was indicted for a violation of the Road Traffic Act (driving) and is currently pending trial.

【Criminal Facts】

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, was driving a B rocketing car in the name of the Defendant on April 25, 2015 without obtaining a driver’s license around 04:00 on April 25, 2015, while under the influence of alcohol at least 0.185% of the blood alcohol content, from the flow-based parking lot near the business site in the West-gu, Seog-gu, Seoan City to the road near the police education center located in the Seocho-gu, Ansan City.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the occurrence of a traffic accident, the results of the control of drinking driving, and the report on the situation of drinking drivers;

1. Entry in the register of driver's licenses;

1. Entry and video of the traffic accident report;

1. Application of statutes on images of on-site photographs;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing in Article 62-2 of the Criminal Act is that the defendant has received two summary orders due to the same kind of crime, and then the victim is injured while drinking and driving without a license.