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.

[criminal history] On July 20, 2012, the Defendant violated the prohibition of drinking alcohol under the Road Traffic Act two times or more by issuing a summary order of a fine of one million won for a crime of violating the Road Traffic Act (driving alcohol) at the Jeju District Court on July 20, 2012, and on August 31, 2016 by the same court, a summary order of a fine of 1.5 million won for the same crime.

[Criminal facts] On November 13, 2016, the Defendant driven B Poter truck with alcohol content of about 0.140% while under the influence of alcohol without obtaining a driver’s license from around 200 meters in the section of approximately 200 meters from the road in front of the south-dong, Do-dong, Jeju-do, to the front road in front of the Do-dong, Seo-si, Jeju-si, Jeju-do.

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 regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order, etc.);

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Imprisonment;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Order to attend a course: The sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection shall be determined by taking into account all of the following circumstances into consideration:

The favorable circumstances that are recognized as all facts of crime: The fact that there are three times the record of punishment of a fine for the same kind of crime including the records of crime in the judgment of the court, and that there is three times the record of punishment: alcohol concentration and driving distance, motive and circumstance of the crime, circumstances after the crime, occupation, age, and family relationship of the defendant.