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, 2006, the Defendant was sentenced to a summary order of a fine of five million won or more for the violation of the Road Traffic Act (driving on drinking), etc. on August 26, 2009, a summary order of 1.5 million won or more for the same crime from the Jinwon District Court's Jinju branch on August 26, 2009, and a summary order of five million won or more for the same crime in the same court on April 15, 2014.

On December 6, 2014, at around 15:45, the Defendant driven a B car under the influence of alcohol content of 0.135% without a vehicle driver’s license, from the front of the restaurant of “mast passenger seat” located in the Jinju-si, Jin-si, to the front of the pharmacy at approximately 3km away from the front of the pharmacy at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Inquiry the results of the drinking driving control;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment to a summary order of the same kind of power), and application of copies of summary order 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 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act cannot be deemed to have a small possibility of criticism in that the defendant has been punished four times due to the violation of the Road Traffic Act, even though he/she had the record of punishment, and again has led to the instant crime.

However, the fact that the defendant reflects the crime of this case and does not repeat the crime, there is no criminal record exceeding the fine, the fact that the defendant supports his mother, the age, character and conduct, environment, motive and circumstance of the crime, and the crime.