However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

On August 28, 2014, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 7 million for a crime of violating the Road Traffic Act at the Seoul Southern District Court on May 7, 2012; a summary order of KRW 4 million for the same crime at the Incheon District Court on May 7, 2012; and a summary order of KRW 1 million for the same crime at the Sungnam branch on May 23, 2007, upon receiving a summary order of KRW 1 million for the same crime at the Sungnam branch on May 23, 2007.

Nevertheless, on May 7, 2016, the Defendant, without obtaining a driver's license of a motor vehicle at around 22:02, operated a motor vehicle of 0.101% alcohol concentration in blood while under the influence of 0.101%, and proceeded with approximately 50 meters from the front of the heart restaurant in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Yeonsu-gu, Incheon, to the front road of the gallebal in the city of Yeonsu-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (Attachment to a summary order on the driving of suspect drinking), and copies of the summary order attached thereto; and

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Military Court, even though the Defendant had three times of criminal records of the same kind of crime, and in the instant crime that is being driven under the influence of alcohol without a driver’s license, the nature of the crime is not weak, but the Defendant knows.