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

On December 29, 2008, the Defendant was issued a summary order of KRW 500,000,000,000 as a fine for a violation of the Road Traffic Act, on April 27, 2009 in the same court as the same crime, and on March 28, 2011, in the same court as the same crime.

On August 30, 2013, at around 21:18, the Defendant driven a car with approximately KRW 500 meters from the scarcity to the front of the Dogwon and the upper end of the same day, without obtaining a driver’s license, while driving a car with a blood alcohol concentration of at least 0.155% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished twice for the same kind of crime (five times a fine). In light of the fact that the defendant was under the influence of drinking without a license, and the purpose of the revision of the Road Traffic Act strengthening the punishment for driving under the influence of alcohol, it is inevitable for the defendant to severe punishment against the defendant.

However, in light of the fact that the defendant recognized his mistake and reflects his depth, the defendant's age, family relation, health status, character and conduct, environment, motive of the crime, and circumstances after the crime, etc., the punishment as ordered by the text is taken into account.