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 November 26, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and a summary order of KRW 5 million for the same crime at the same court on June 21, 2017, respectively.

On January 30, 2017, the Defendant, while under the influence of alcohol 0.162% during blood transfusion, driven a vehicle of approximately 30 meters from the front side of the Cheongsan-gun, Ulsan-gun, to the front side of the Cheongsan-gun in the same Ri, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reports on traffic accidents, reports on actual condition of the driver involved in driving, and reports on the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (the confirmation of the same type of crime), and the application of a copy of each summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Article 62(1) of the Criminal Act on the stay of execution (The following factors are considered to be more favorable to the defendant among the grounds for sentencing)

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act refers to the circumstances unfavorable to the Defendant, such as the following: (a) the Defendant driven a motor vehicle without a driver’s license while under the influence of alcohol in the daytime; (b) the nature of the crime is inferior; (c) the Defendant’s blood alcohol concentration level is considerably high; and (d) the Defendant committed the crime of this case even though he had been punished several times due to driving of the same kind of alcohol, and the liability for the crime is not easy