However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

On March 16, 2010, at around 22:45, the Defendant was driving a B-wing truck without a driver’s license, under the influence of alcohol with approximately 0.086 percent of alcohol content, from approximately 2 kilometers to the front of the Han River Industrial Complex, in addition to the same place where the Defendant started in front of the trade name in Macheon-si, Gocheon-si, Gocheon-si, Gocheon-si, Gocheon-si, Gocheon-si, in front of the Han River Industrial Complex.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and registration reports on driving;

1. Relevant legal provisions concerning criminal facts: Subparagraph 1 of Article 148-2, Article 44(1) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201; hereinafter the same shall apply) and Article 5 of the Addenda to the Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011; hereinafter the same shall apply); and Article 5 of the Addenda to the Road Traffic Act (amended by Act No. 10790, Jun. 8, 2011; hereinafter the same shall apply) provide that application of penal or administrative fines for acts before the enforcement of this Act shall be governed by the previous provisions; therefore, it is apparent that the Road Traffic Act before the amendment should be applied regardless of the seriousness of the punishment under the former Act. Articles 152 Subparag.

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The proviso to Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act include the Defendant’s records of having been punished five times due to drinking or unlicensed driving. In particular, even if the Defendant was sentenced to imprisonment for 4 months or 2 years of suspended sentence due to driving without a license on May 2009, the Defendant should be punished strictly in light of the following: (a) the Defendant was sentenced to imprisonment for 4 months or 2 years of suspended sentence during the grace period; (b) the instant drinking or unlicensed driving was conducted during the grace period; and (c) the Defendant

However, the fact that the accused surrenders to the investigation agency, confession of the crime, and re-offending shall not be made.