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

On June 8, 2006, the defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) at the Busan District Court on July 14, 2008, a fine of one million won due to a violation of the Road Traffic Act (Driving without a license) at the Changwon District Court on July 14, 2008, and a fine of four million won due to a violation of the Road Traffic Act (driving without a license) at the Changwon District Court on November 19, 2015.

On August 15, 2016, at around 04:30 on August 15, 2016, the Defendant driven a Bhand vehicle with a blood alcohol concentration of at least 0.080%, without obtaining a driver's license in a section of about 200 meters from the Do in front of an influent restaurant located in the Grand-dong of the Kimhae-si to the front of an influent hospital located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, references to criminal records, previous dispositions, and results of confirmation;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same 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 extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in sentencing unfavorable to the Defendant, even though the Defendant had been sentenced to a fine for a violation of the Road Traffic Act on three occasions, as stated in the facts constituting the crime in the judgment of the court below, and again commits the same crime in the same situation without a license. The fact that the blood alcohol concentration at the time of driving under the influence of alcohol in this case

However, the defendant reflects his mistake and takes the surface of the water after drinking the same as the day before the crime of this case.