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.

[criminal history] On July 14, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court, and on June 15, 2009, issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on June 15, 2009. On November 7, 2011, the Defendant was sentenced to a suspended sentence of KRW 2 years for a period of six months for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court, which was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking) at the Busan District Court on August 17, 2017.

[2] On February 25, 2018, the Defendant driven BR-V 4WD car under the influence of alcohol content of about 0.173% while under the influence of alcohol while under the influence of alcohol content at about 300 meters, without obtaining a driver’s license, from the front side of the mountain cafeteria at the north of the window of Changwon-si, Changwon-si to the front side of the mountain cafeteria located at the 741-1 of the Y-dong 741-1.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous conviction in judgment: Inquiry about criminal history, application of each summary order, and application of the text of the 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. The reason for sentencing under Article 62-2 of the Criminal Act, the Defendant already committed a second offense without being aware of the fact that he had been punished four times in total due to drinking driving, including one time of suspended sentence of imprisonment.

The degree of alcohol shall also be less than that of alcohol.