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

On October 23, 2015, the Defendant issued a summary order of a fine of KRW 5 million for a violation of the Road Traffic Act at the Busan District Court's Dong Branch, and on April 12, 2013, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act at the Busan District Court's Busan District Court.

On September 20, 2016, at around 06:35, the Defendant driven B ASEAN A7 car under the influence of alcohol without a driver’s license, from around 1km to the front road of the Yoopo-dong located in the Nam-gu Busan Metropolitan City, to the front road of the Yanpo-dong located in the Yanpo-dong of the Busan Metropolitan City, and without a driver’s license, at around 0.084% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (report accompanied by a summary order issued on the same type of power);

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. In light of the following circumstances in sentencing under Article 62-2 of the Criminal Act, and other circumstances, taking account of the Defendant’s age, character and conduct, environment, background leading up to the Defendant to the instant crime, circumstances before and after the instant crime, etc., it is reasonable to suspend the execution of the sentence only once more than is isolated from society for a long time after sentencing the Defendant’s imprisonment with prison labor, but to order the Defendant to provide community service and undergo compliance driving lectures for a certain period of time.