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 25, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court, and on September 4, 2017, the Busan District Court issued a summary order of KRW 4 million for the same crime.

On November 25, 2017, the Defendant, without obtaining a driver’s license, driven a car with C Sspo-type car from about 7 km to the front road of the apartment parking lot in Busan Northern-dong with a level of alcohol level of 0.068% in the blood alcohol level, even though the Defendant was under the influence of 0.068% in the blood.

Therefore, even though the Defendant violated two times or more due to drinking, the Defendant was driving a motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report and a statement in the circumstances of the driver involved;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions: Application of two copies of inquiries about criminal history, investigation reports (report on previous convictions and results of confirmation of the previous convictions of the disposition), and summary orders;

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. Reduction of a small amount of punishment under Articles 53 and 55(1)3 of the Criminal Act (i.e., reflective facts, and absence of criminal records exceeding fines);

1. Article 62(1) of the Criminal Act on the suspension of execution (the aforementioned normal consideration);

1. The reason for sentencing of Article 62-2 of the Criminal Act on September 4, 2017, the Defendant had been sentenced to a fine of KRW 4 million due to drinking driving on two occasions, such as having been sentenced to a summary order of KRW 4 million due to driving under drinking on September 4, 2017, but the above summary order was issued and three months have not passed since he/she was sentenced to the above summary order, and the Defendant was driving under drinking on a multitime basis, and conducted a measurement of drinking after driving under the control of drinking.