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

On April 7, 2008, the Defendant was issued a summary order of KRW 1.5 million at the Changwon District Court for a violation of the Road Traffic Act (driving). On September 24, 2013, the Defendant was a person who violated Article 44(1) of the Road Traffic Act by being sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Jinju branch on September 24, 201, and by being sentenced to a fine of KRW 5 million on May 21, 2014 by the same court on May 21, 2014.

On October 5, 2014, the Defendant, without obtaining a driver’s license at around 10:10, drive C Poter in the section of about 2 km from the Defendant’s house located in Scheon-si B with a blood alcohol content of 0.214% under the influence of alcohol to the front road of “Yecheon-si” located in the same city’s local village around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to judgments of the same kind of power, etc.);

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. 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 main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., despite the fact that the defendant had been punished several times by a fine due to drinking or driving without a license, the defendant committed the crime of this case. However, the defendant is under the time of committing the crime, the defendant is only the criminal record of a fine, and other character, conduct and environment of the defendant, and the character, conduct and environment of the defendant.