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

On April 12, 2010, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) in the Busan District Court's Branch Branch on April 12, 2010, and on September 2, 2016, the Defendant was punished by a fine of two million won or more due to a crime of violating the Road Traffic Act (drinking driving) in the same court on September 2, 2016.

On September 26, 2017, around 23:36, the Defendant driven a B M& car without a driver’s license in the state of alcohol concentration of about 0.161% in the section of approximately 3 km from the Do near the south-do, Seocheon-si, Seocheon-si, Busan, to the lower end of the 277 Do-ro Do-do, the same city-based Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, notification of the results of crackdown on drinking driving, report on the circumstances of driving a drinking, and inquiry into the results of crackdown on drinking driving;

1. The ledger of permission to drive motor vehicles;

1. Making teas;

1. Previous convictions in judgment: Inquiries about criminal history and application of Acts and subordinate statutes concerning investigation reports (Attachment to the same type of judgment);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or the Order of Community Service: there is a need to strictly punish the case in light of the danger of drinking driving. The alcohol level in the blood of this case is 0.161%, and the defendant has been punished for the crime of drinking driving three times, and the circumstances favorable to the driving of the instant drinking even though the defendant had been punished for the crime of drinking driving: The defendant's mistake and reflects: The defendant did not cause a traffic accident while driving the instant drinking; there is no record of criminal punishment heavier than the suspended sentence; and there is no record of criminal punishment, such as the motive and background of the crime, means of the crime, and circumstances after the crime.